Surya Narayan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39506 of 2023 Arising Out of PS. Case No.-7 Year-2023 Thana- BISFI District- Madhubani ====================================================== Surya Narayan Yadav Son Of Late Tej Narayan Yadav Resident Of Village - Bhauj Pandaul, P.S. - Bisfi, Distt. - Madhubani. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Prakash, Adv.

:

Mr. Gagan Deo Yadav, Adv.

For the Opposite Party/s :

Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-07-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Bisfi P.S. Case No. 07 of 2023 registered on 04.01.2023 lodged under Sections 304/34 of the Indian Penal Code.

4. As per the prosecution case, F.I.R. has been lodged against 3 named accused persons who are father and his two sons. It has been alleged in the F.I.R. that the allegation has been made against the accused persons that by way of fencing the boundary with the help of electric wire the victim girl died.

5. Counsel for the petitioner submits that petitioner is a well educated person and a retired teacher, aged about 63 years. He further submits it is true that petitioner has taken connection in the fencing but neither he nor any member of his family has made any cut in the electric wire, which the said victim girl touched and died.

Patna High Court CR. MISC. No.39506 of 2023(2) dt.07-07-2023 2/2

6. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 28.03.2023 having three criminal cases pending against him, in which he is on bail in two cases and in one case he is on bail. He submits that chargesheet has already been filed in this case.

7. Learned counsel for the State opposes the prayer for bail.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Benipatti, Madhubani in connection with Bisfi P.S. Case No. 07 of 2023, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

9. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) Ashishsingh/- U T