Patna High CourtCR. MISC./42612/2025bail granted

Bhola Yadav v. The State Of Bihar

2025-09-03Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42612 of 2025 Arising Out of PS. Case No.-178 Year-2016 Thana- CHANDAUTI District- Gaya ====================================================== Bhola Yadav S/O Munshi Yadav Resident of Village- Kandi Navada, PSChandauti, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. P. N. Shahi, Sr. Advocate Mr.Akash Shankar, Advocate For the State :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-09-2025 Heard learned Senior Counsel for the petitioner; learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in connection with Chandauti P.S. Case No. 178 of 2016 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner who is the brother of the deceased is alleged to have killed the deceased.

4. Learned Senior Counsel for the petitioner submits that pursuant to the order passed in Cr. W.J.C. No. 919 of 2019, the investigation was supervised by the Senior Superintendent of Police, Gaya and thereafter, the petitioner was exonerated by the police and final form was submitted. Thereafter, the

Patna High Court CR. MISC. No.42612 of 2025(3) dt.03-09-2025 2/2 Magistrate differed with the final form and taken cognizance. The petitioner is in custody since 02.04.2025.

5. Learned counsel for the informant has appeared and vehemently opposed the prayer for bail. He submits that the police has not properly investigated the case and submitted final form though the petitioner was an accused named in the FIR and the deceased has died due to strangulation and number of injuries were found on the deceased.

6. Learned APP has also opposed the prayer for bail.

7. Considering the fact that the case was supervised by the Senior Superintendent of Police, Gaya and the petitioner was exonerated, this application is allowed.

8. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addtional Sessions Judge-I, Gaya in connection with Chandauti P.S. Case No. 178 of 2016, subject to the condition that the petitioner will co-operate in the trial.

(Sandeep Kumar, J) P. Kumar U T