Kewal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23049 of 2020 Arising Out of PS. Case No.-107 Year-2019 Thana- KAUWAKOL District- Nawada ====================================================== KEWAL YADAV Son of Munshi Yadav Resident of Village - Madhurapur, P.S. - Kawakole, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-12-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through Video Conferencing.

This application, for grant of anticipatory bail, arises out of Kawakole Police Station Case No. 107 of 2019, disclosing offences under Sections 328/304/34 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the petitioner, along with other co-accused persons, administered poison to one Kapil Yadav (now, deceased), who is relative of the informant.

Learned Counsel for the petitioner submits that the petitioner, along with other co-accused persons, have falsely been implicated in this case inasmuch as the deceased had

Patna High Court CR. MISC. No.23049 of 2020(4) dt.04-12-2020 2/3 returned to his village after two months and in the night, at about 10 PM, he died and no external injury was found on the person of the deceased. He further submits that viscera of the deceased was preserved and in the viscera report, no trace of poison was found. He further submits that similarly situated coaccused persons, namely, Nawal Yadav and Ramavtar Yadav, have been granted anticipatory bail by this Court, vide order passed in Criminal Misc. No. 23065 of 2020.

After having heard learned Counsel for the parties concerned and taking into consideration the fact that similarly situated co-accused persons have been granted anticipatory bail by this Court, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, Nawada, in connection with Kawakole Police Station Case No. 107 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.23049 of 2020(4) dt.04-12-2020 3/3 It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √