Umesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40501 of 2025 Arising Out of PS. Case No.-128 Year-2023 Thana- CHAKAI District- Jamui ====================================================== 1.

Umesh Yadav S/o Yamuna Yadav resident of village- Budhwa Bathan, P.S -Chakai, Dist- Jamui 2.

Ragho Yadav @ Raghudeo Kumar Yadav S/o Yamuna Yadav resident of village- Budhwa Bathan, P.S -Chakai, Dist- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-08-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody in connection with Chakai P.S Case No. 128 of 2023 registered for the offences punishable under Sections 302/201/34 of the I.P.C

3. As per First Information Report, it is alleged that petitioners along with co-accused have killed the husband of the informant.

4. Learned counsel for the petitioners submit that petitioners have falsely been implicated in this case. It is further submitted that there is no specific allegations against the petitioners to kill husband of the informant. Rather the allegation is general and omnibus in nature. It is also submitted

Patna High Court CR. MISC. No.40501 of 2025(3) dt.20-08-2025 2/2 that petitioner is in judicial custody since 29.03.2025.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioners.

6. On perusal of the FIR, postmortem report and impugned order, it appears that no visible injury found on the body of the deceased at the of conducting the postmortem by the concerned Doctor and cause of death could not be ascertained by the Doctor. Further, FSL report shows no metallic, Alkaloidal, Glycosidal, or Volatile poison could be detected in viscera. So, the cause of death in my opinion is C.R. failure.

7. Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioners, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Jamui in connection with Chakai P.S Case No. 128 of 2023. (Ramesh Chand Malviya, J) Mayank/- U T