Pawan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50870 of 2023 Arising Out of PS. Case No.-9 Year-2023 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== PAWAN YADAV S/O Mansukh Yadav R/O Village- Abgil Rampur Husaina, P.S- Mednichowki, Distt.- Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajnish Chandra For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner and learned APP for the State and learned counsel for the informant.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 302, 120 and 34 of the Indian Penal Code.

3. It is case of causing death of the informant's son namely Tripurai Kumar by the petitioner in a wrestling match.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. The deceased was a wrestler and participated in many wrestling match earlier also. The petitioner had no intention to kill the deceased. It is further submitted in para 8 of the petition that informant was also present at the match and petitioner has

Patna High Court CR. MISC. No.50870 of 2023(4) dt.06-11-2023 2/2 not done any act which would endanger the life but the deceased die due to falling down by which neck bone was broken. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 03.02.2023.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant and submitted that during wrestling match the petitioner twisted the neck of the deceased upon which he died.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail after framing of charge, if charge is not framed. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Lakhisarai in connection with Mednichowki P.S. Case No. 9 of 2023.

(Sunil Kumar Panwar, J) lata/- U T