Lal Babu Yadav @ Lalbabu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36319 of 2023 Arising Out of PS. Case No.-840 Year-2022 Thana- GAYA MUFASIL District- Gaya ====================================================== LAL BABU YADAV @ LALBABU YADAV S/O LATE INDRADEO YADAV @ LATE INDERDEO YADAV R/O Village. Sohaipur, PS. Muffasil, Dist. Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manisha Prakash For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 304(A), 279, 337 and 338 of the Indian Penal Code.

As per prosecution case, Informant's wife and her daughter were returning their house with their buffaloes after grazing grass. When they reached on the road, a pick-up van, which was being driven by the petitioner negligently hit the wife of the informant along with one buffaloes, due to which the informant's wife succumbed to injury.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.36319 of 2023(2) dt.03-07-2023 2/2 committed no offence. Petitioner and the informant are own real brother and land dispute was going on between the parties. There is no intention to kill the informant's wife. At this juncture, annexure-2 is annexed with this petition, which shows that good sense has been prevailed between the parties. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 20.03.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 1st Class Judicial Magistrate, Gaya in connection with Gaya Muffasil P.S. Case No. 840 of 2022.

(Sunil Kumar Panwar, J) arish/- U T