Shivdhari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25242 of 2019 Arising Out of PS. Case No.-20 Year-2018 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== 1.

SHIVDHARI YADAV S/o Late Jahuri Yadav R/o village- Olipur, P.S.- Bhairabsthan, District- Madhubani 2.

Sanjay Yadav S/o Shivdhari Yadav R/o village- Olipur, P.S.- Bhairabsthan, District- Madhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar Bharti For the Opposite Party/s :

Mr.Anil Prasad Singh For the Informant :

Mr. Rajiv Ranjan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-07-2019 Heard learned counsel for the petitioners, informant and the learned APP for the State.

The petitioners seek bail in Bhairabsthan P. S. Case No. 20 of 2018 instituted for the offence under Section(s) 147, 148, 149, 341, 326, 302 and 120B of the Indian Penal Code. As per written report, there is specific allegation against co -accused Ranjay Yaday of giving repeated stab blow to the husband of informant on account of which he died. Petitioner no.1 is alleged to be order giver whereas petitioner no.2 is alleged to have caught hold husband of informant along with other accused persons.

Case diary has been received, wherein, postmortem

Patna High Court CR. MISC. No.25242 of 2019(4) dt.11-07-2019 2/2 report of the deceased is available. The doctor has found one incised wound over back of chest which supports that death has occurred due to stab injury. The doctor has opined the cause of death due to above injuries caused by sharp and heavy weapon. The other co-accused persons of this case have already been granted bail by a Co-ordinate Bench of this Court vide orders passed in Cr. Misc. nos. 64171 of 2018 64477 of 2018. Learned counsel for informant has appeared and opposed the prayer for bail.

The petitioners are in custody since 15.1.2019 Considering the aforesaid, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the ACJM 1st Jhanjharpur ( Madhubani), in connection with Bhairabsthan P. S. Case No. 20 of 2018, Sessions Trial no. 381 of 2018 subject to the condition that both the bailors shall be the close relative of the petitioners.

(Sanjay Priya, J) shyambihari/- U T