Pintu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34411 of 2019 Arising Out of PS. Case No.-451 Year-2018 Thana- JAHANABAD District- Jehanabad ====================================================== Pintu Yadav Son of Nageshwar Yadav @ Nago Yadav Resident of VillageSangatpar Babhna, P.S. and District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-05-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 24.01.2019 in a case registered for the offences punishable under Sections 302 and 379/34 of the IPC.

The prosecution case is that on 05.06.2018 at about 9 A.M., the mother of the informant was grazing buffalo and since the buffalo of the mother of the informant dashed the buffalo of the co-accused Nago Yadav, as a result, all the accused persons including the petitioner came and assaulted the mother of the informant. It is further alleged that co-accused Nago Yadav took away Rs. 2,000/- from the pocket of the brother of the informant. Subsequently, the mother of the informant died in the hospital during treatment.

Patna High Court CR. MISC. No.34411 of 2019(2) dt.28-05-2019 2/2 It is submitted by learned counsel for the petitioner that earlier the petitioner was granted privilege of anticipatory bail by a Co-ordinate Bench of this Court, vide order dated 15.01.2019, passed in Cr. Misc. No. 68301 of 2018, but before the petitioner could surrender and furnish bail bonds, he was arrested and remanded. It is further submits that the impugned order does not suggest any external injury on the body of the deceased, which negates the prosecution case. Learned APP submits that the petitioner is named in the FIR with specific accusation.

Considering the fact that initially the petitioner was granted privilege of anticipatory bail on merits, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Jehanabad in connection with Jehanabad P.S. Case No. 451 of 2018. (Dinesh Kumar Singh, J) Amrendra/- U T