Dwarika Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30791 of 2023 Arising Out of PS. Case No.-60 Year-2022 Thana- CHANDI District- Bhojpur ====================================================== Dwarika Yadav, male, aged about 55 years, Son of Late Girija Yadav @ Grija Yadav Resident of Village-Bishunpur, PS-Chandi, District-Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Advocate For the State :

Mr.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Chandi P.S. Case No. 60 of 2022 dated 03.03.2022 registered for the offence punishable under Section 302/34 of the Indian Penal Code.

As per the prosecution case, due to parking of informant's tractor, the petitioner objected the same and ordered to kill the father of the informant. The co-accused started abusing and assaulting the informant's father with bamboo, vehicle jack and iron rod as a result of which he sustained injury and died during the course of treatment.

Learned counsel for the petitioner submits that there is case and counter case between the parties. There is no allegation

Patna High Court CR. MISC. No.30791 of 2023(2) dt.15-06-2023 2/2 of overt act by the petitioner. The petitioner is in jail custody since 06.02.2023 having no criminal antecedent. Learned counsel further submits that other co-accused persons namely Mudrika Yadav, Vinod Yadav and Sanjay Yadav have been granted bail by a co-ordinate Bench of this Court vide order dated 25.01.2023 in Cr. Misc. No. 41088 of 2022. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Chandi P.S. Case No. 60 of 2022.

(Sunil Dutta Mishra, J) P. Kumar U