Bishnu Yadav @ Bishnulal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25264 of 2025 Arising Out of PS. Case No.-23 Year-2022 Thana- ANGARH District- Purnia ====================================================== Bishnu Yadav @ Bishnulal Yadav Son of Late Tika Lal Yadav R/O VillMajgama, P.S.- Angarh, District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kamlesh Kumar Pathak, Advocate Mr. Sumit Kumar Bhagat, Advocate For the State :
Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-05-2025 Heard Mr. Kamlesh Kumar Pathak, learned counsel appearing for the petitioner and Ms. Rita Verma, learned APP for the State.
2. Petitioner seeks regular bail in connection with Sessions Trial No. 04 of 2023 arising out of Angarh P.S. Case No. 23 of 2022 dated 16.07.2022 registered for the offence punishable under section 302/34 of the Indian Penal Code.
3. The main submissions advanced by petitioner's counsel are that the petitioner is the husband of the deceased, he has been languishing in jail since 17.07.2022 and his trial has started and till date no prosecution witness has been examined, though, the informant's chief examination has been done but his cross-examination is pending since 24.05.2023 and he is not appearing for cross examination and his deposition's copy has been filed as Annexure- P/3. It is further submitted that as per
Patna High Court CR. MISC. No.25264 of 2025(2) dt.02-05-2025 2/2 the FIR and the facts stated by the informant in his chief examination, the victim was married to this petitioner ten years ago from her death and in the postmortem examination except ligature mark on the neck of the deceased, no any other external injury was found by the doctor concerned and the postmortem report's copy of the deceased has been filed as Annexure-P/2.
4. Learned APP for the State has opposed the prayer of the petitioner.
5. Considering the aforesaid submissions and mainly petitioner's custody period and the prosecution's lingering attitude in producing and examining the prosecution witnesses in the trial of the petitioner as stated above, this Court is inclined to grant the relief of bail to the petitioner. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the court concerned in connection with Sessions Trial No. 04 of 2023 arising out of Angarh P.S. Case No. 23 of 2022. (Shailendra Singh, J) Raj Ranjan/- U T