Vishnudeo Yadav @ Bishnu Deo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39459 of 2022 Arising Out of PS. Case No.-111 Year-2022 Thana- KUMAR KHAND District- Madhepura ====================================================== Vishnudeo Yadav @ Bishnu Deo Yadav S/O Late Ghutar Yadav Resident of Village- Jorabarganj @ Jorawarganj, Ward No. 8, Madhy School Jorawarganj, Jorawarganj Israin kalan, P.S.- Kumarkhand, P.S.- Kumarkhand DistrictMadhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sushil Kumar Jha, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-10-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Kumarkhand P.S. Case No. 111 of 2022 registered for the offence under Sections 341, 323, 504 and 302 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 06.04.2022.

The allegation against the petitioner is to commit

Patna High Court CR. MISC. No.39459 of 2022(2) dt.14-10-2022 2/3 murder of father of the informant, alongwith other co-accused persons for long standing land dispute.

Learned counsel appearing on behalf of the petitioner submitted that informant is the eye witness of the occurrence, where specific allegation of throttling is raised against coaccused, namely, Kundan causing death of his father. It is further submitted that the occurrence is founded over land dispute. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State opposes the prayer of bail.

In view of the facts and circumstances, as mentioned above, as specific allegation of fatal assault/throttling is available against co-accused, namely, Kundan, where petitioner is a man of clean antecedent coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Kumarkhand P.S. Case No. 111 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the

Patna High Court CR. MISC. No.39459 of 2022(2) dt.14-10-2022 3/3 like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Madhepura/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Ankit/- U T