Lalan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26352 of 2022 Arising Out of PS. Case No.-362 Year-2020 Thana- FALKA District- Katihar ====================================================== Lalan Yadav S/o Deo Narayan Yadav R/o village- Gopal Patti, P.S.- Falka, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghvendra Kumar Singh For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-11-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 302, 201, 34 of Indian Penal Code.
As per prosecution case, informant's son went outside the house after receiving a phone call and on next day one Lalan Yadav informed the informant that the dead body of his son is hanging from a Gamhar tree. Informant believes that due to quarrel at the time of bursting crackers his son was killed. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that there is no eye witness of the case and only on suspicion he has been made accused in this case. As a matter of fact, this is a case of suicide due to family affairs of
Patna High Court CR. MISC. No.26352 of 2022(3) dt.01-11-2022 2/2 the deceased which is also supported by the post-mortem report. Petitioner has got clean antecedent.
Considering the fact that there is no eye witness of the occurrence and only on the basis of suspicion he has been made accused, let the above named petitioner in the event of his arrest/surrender before the court below within a period of thirty days from the date of receipt/production of copy of this order, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in Falka P. S. Case No. 362 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) navya/- U T