Bisho Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40421 of 2020 Arising Out of PS. Case No.-137 Year-2020 Thana- BIHARIGANJ District- Madhepura ====================================================== BISHO YADAV, S/O LATE SARYUG YADAV RESIDENT OF VILLAGEPAROKIA TOLA, HATHINODHA, P.S-BIHARIGANJ AND DISTRICTMADHEPURA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-03-2021 Heard Mr. Ramesh Kumar Singh, learned Counsel for the petitioner and Mr. Jai Narain Thakur, learned Additional Public Prosecutor for the State.

This application, for grant of regular bail, arises out of Bihariganj Police Station Case No. 137 of 2020, disclosing offences under Sections 302/307/120(B) of the Indian Penal Code.

The allegation, as per the First Information Report lodged by informant, Janki Devi, that on the night of 26.06.2020 while she was sleeping with her husband, somebody knocked the door and when the husband of the informant opened the door, accused persons started firing indiscriminately causing instantaneous death of the husband of the informant and

Patna High Court CR. MISC. No.40421 of 2020(2) dt.04-03-2021 2/3 informant also received injury on her left arm. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to land dispute between the parties. Learned counsel next submits that from perusal of the FIR, it would be evident that the informant has disclosed the name of co-accused persons, eight in numbers, who had allegedly fired upon the husband of the informant and it has been stated that the petitioner, co-accused, Kailash Yadav and one Nirmala Devi were standing in the court-yard at the time of occurrence.

Learned counsel next submits that there is no allegation of firing upon the petitioner and the said Nirmala Devi is the own Gotni (sister-in-law) of the informant and petitioner is Samdhi of said Nirmala Devi, that's why, he has falsely been implicated in this case with oblique motive. Learned counsel further submits that petitioner is in custody since 28.06.2020 and the chargesheet has already been submitted against the petitioner and there is no likelihood that the petitioner will abscond or tamper with the evidence.

Patna High Court CR. MISC. No.40421 of 2020(2) dt.04-03-2021 3/3 petitioner and further the petitioner is in custody since 28.06.2020 and the chargesheet has already been submitted in this case, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, Bisho Yadav, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Ist Class, Udakishunganj, Distt. Madhepura, in connection with Bihariganj Police Station Case No. 137 of 2020. It is made clear at the time of furnishing bail bond, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J.) sanjeev/- U T