Jagdish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39761 of 2023 Arising Out of PS. Case No.-63 Year-2023 Thana- TANKUPPA District- Gaya ====================================================== Jagdish Yadav Son Of Late Lattan Yadav Resident Of Village- Bahera, PsTankuppa, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Braj Nandan Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr. Prem Kumar Jha, 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 Tankuppa P.S. Case No. 63 of 2023 dated 30.03.2023, lodged under Sections 328 & 302 of the I.P.C.

4. As per the prosecution case, the F.I.R. has been lodged against the petitioner alleging that he has provided poison to the husband of the informant, who died.

5. Learned counsel for the petitioner submits that the entire F.I.R. is out and out false, due to the reason that the alleged date of occurrence is 29.01.2023, whereas the F.I.R. has been lodged on 30.03.2023. Counsel further submits that the

Patna High Court CR. MISC. No.39761 of 2023(2) dt.07-07-2023 2/2 antecedent of the petitioner is clean and he is in custody since 31.03.2023.

6. Learned counsel for the State opposes the prayer for bail and submits that it is true that the F.I.R. has been lodged with huge relief without any plausible explanation.

7. 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 Judicial Magistrate 1st Class, Gaya in connection with Tankuppa P.S. Case No. 63 of 2023, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

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

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