Bablu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53470 of 2021 Arising Out of PS. Case No.-862 Year-2019 Thana- BANKA District- Banka ====================================================== BABLU YADAV aged about 41 years Male son of Late Surju Yadav, resident of village Kakwara Police Station Banka District Banka ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhirendra Kumar, Advocate For the Opposite Party/s :
Mr.Ashok Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-12-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 328, 302/34 of the Indian Penal Code.
As per the prosecution case, petitioner and his family members assaulted and poisoned to death the sister of the informant.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against all the accused persons and no specific overt act has been alleged against the petitioner who happens to be brother-in-law (Bhaisur) of the deceased. Other accused persons including the husband of the deceased have already been acquitted in trial in
Patna High Court CR. MISC. No.53470 of 2021(2) dt.02-12-2021 2/2 Sessions Trial No. 123/2020, in support thereof a copy of the judgment dated 17.11.2021 is produced before the court. Petitioner is in custody since 31.12.2020.
Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in Banka Police Station Case No. 862 of 2019.
(Prabhat Kumar Singh, J) shashi/- U T