Yogi Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50080 of 2024 Arising Out of PS. Case No.-308 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== Yogi Thakur Son Of Late Bigu Thakur Resident Of Village - Awhar Sheikh, Police Station - Majhaulia, District - West Champaran (bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhijeet Gautam, Advocate For the Opposite Party/s :
Mr.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Majhaulia P.S. Case No. 308/2023 dated 27.04.2023 registered for the offence punishable u/s 302 read with 34 of the Indian Penal Code.
3. As per the prosecution case, on the alleged date and time of the occurrence, all the F.I.R named accused persons including the petitioner entered the house of the informant and assaulted the informant. It is further alleged that the co-accused, Kishori Sharma pushed wife of the informant on the ground due to which she fell down and died in the hospital during treatment.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.50080 of 2024(2) dt.01-08-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case due to land dispute. In the autopsy report, no external injuries have been found on the person of the deceased. In fact, there was quarrel between the informant and his wife and thereafter wife of the informant became angry and committed suicide by consuming poison. As per the post-mortem report, the cause of death was kept pending till chemical analysis report. Time since death-within 12-24 hrs from death exam. The other co-accused persons have already been granted anticipatory bail by the co-ordinate bench of this court vide order dated 19.06.2024 passed in Cr. Misc. No. 27086 of 2024. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 13.04.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, West Champaran at Bettiah in connection with Majhaulia P.S. Case No. 308/2023.
Patna High Court CR. MISC. No.50080 of 2024(2) dt.01-08-2024 3/3
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T