Yadolal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40010 of 2022 Arising Out of PS. Case No.-67 Year-2016 Thana- MADHUBAN District- East Champaran ====================================================== YADOLAL SAH Son of Late Jaldhari Sah Resident of village- Lahladpur, P.S.- Madhuban, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha, APP.

Mr. Rajesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-02-2023 Heard the parties.

Learned counsel for the petitioner undertakes to remove the defect (s), as pointed out by the office, within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 302, 34 of the Indian Penal Code.

Allegedly, petitioner, in company of other accused persons, is said to have committed murder of the informant's father.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to suspicion. The allegation levelled

Patna High Court CR. MISC. No.40010 of 2022(3) dt.17-02-2023 2/2 against the petitioner is not specific rather general and omnibus in nature. It is further submitted that after the investigation, the police has filed the final form against the petitioner but the learned court below differing with the police report has taken cognizance against the petitioner. Petitioner has one criminal antecedent as mentioned in para-3 of this application. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail and submitted that petitioner is involved in the present case.

Having regard to the facts and circumstances of the case, as the police has filed the final form, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Madhuban P.S. Case No. 67 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T