Rahul Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49680 of 2018 Arising Out of PS.Case No. -70 Year- 2018 Thana -NATHNAGAR District- BHAGALPUR ====================================================== Rahul Yadav S/o Nakul Yadav, R/o Vill.- Doggacchhi, Mohanpur, P.S.- Nathnagar, District- Bhagalpur.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Vikram Sinhg with Mr. Anupa Nand Jha For the Opposite Party/s : Mr. Ramesh Chandra For the Informant : Mr. Gyan Prakash ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-10-2018 Heard learned counsel for the petitioner.
Petitioner prays for bail in connection with Nathnagar P.S.Case No. 70 of 2018 registered for the offences punishable under Sections 364/34 of the Indian Penal Code. Allegation against the petitioner is of taking away the deceased along with him and he was not returned to his home and thereafter on search the informant found dead body of his brother near Pachrukkhi on the road side and he apprehended that petitioner had killed the deceased.
Submission of learned counsel for the petitioner is that deceased was going on Thela and Thela met with an accident and due to which he fell down, sustained injury and died due to
Patna High Court Cr.Misc. No.49680 of 2018 (3) dt.04-10-2018 2/2 accident. Further submission is that petitioner is in custody since 13.5.2018, having no criminal antecedent and he has falsely been implicated in this case on suspicion.
Heard learned APP and learned counsel for the informant. They have opposed the prayer for bail on the ground that petitioner has not informed to the family members of the informant about the incident and death caused due to asphyxia. Having heard both sides and in the facts and circumstances, let the petitioner, named above, be released on bail 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 Sub-Judge-I, Bhagalpur, in connection with Nathnagar P.S.Case No. 70 of 2018, subject to the condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned. (Vinod Kumar Sinha, J) spal/- U T