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Patna High CourtCR. MISC./34/2018bail granted

Mahesh Prasad Yadav v. The State Of Bihar

2018-01-11Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34 of 2018 Arising Out of PS.Case No. -438 Year- 2014 Thana -GHORASAHAN District- EAST CHAMPARAN (MOTIHARI) ====================================================== Mahesh Prasad Yadav Son of Raghunath Prasad Yadav Resident of Village - Jhajhara, P.S. - Jitna, District - East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s : Mr. Pranav Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner is seeking regular bail in Ghorasahan (Jitna) P.S. Case No. 438 of 2014 registered under Sections 302/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that there is general and omnibus allegation against each and every member of the family of the in-laws as the daughter of the informant, who was married to the elder brother of this petitioner, was allegedly killed. Learned counsel submits that this petitioner is a younger brother of the husband of the deceased and he has been implicated in this case only because he happens to be a close kith and kin. The mother Sumitra Devi, against whom also a charge sheet was

Patna High Court Cr.Misc. No.34 of 2018 (2) dt.11-01-2018 2/2 filed, has already been granted the privilege of regular bail in Cr. Misc. No. 24122/2015. Learned counsel submits that it is a case of no evidence and the petitioner is languishing in jail since 03.05.2017.

Learned A.P.P. representing the State opposed the prayer for bail.

Considering the facts and circumstances, let the petitioner, namely, Mahesh Prasad Yadav, be released on bail on his furnishing bail bond of Rs. 15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sikrahana at Dhaka, Motihari, East Champaran in connection with Ghorasahan (Jitna) P.S. Case No. 438 of 2014, subject to the conditions as laid down under Section 437(3) Cr.P.C.

(Rajeev Ranjan Prasad, J) Dilip, AR U T