Dharmanath Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59046 of 2021 Arising Out of PS. Case No.-200 Year-2021 Thana- MAHARAJGANJ District- Siwan ====================================================== 1.
DHARMANATH YADAV Son of Briksha Yadav Resident of VillageMishrawaliya, P.S., G.B. Nagar, District- Siwan. 2.
Krishna Yadav Son of Shravan Yadav Resident of Village- Mishrawaliya, P.S.- G.B. Nagar, District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prashant Kumar For the Opposite Party/s :
Mr. Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-03-2022 Heard learned counsel for the parties.
Petitioners pray for bail in a case registered for the offence under Sections 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.
As per the F.I.R., the husband of the informant used to work as Courier in the Sadar Hospital, Maharajganj and informant worked as Asha worker. She alleged that her family had filed a criminal case against co-villagers Ramjit Yadav, Harendra Yadav, Nilesh Yadav, Ajit Yadav and Sujit Yadav, in which, their bail was rejected by the court in Siwan. The accused persons were pressurizing them to compromise the said case, but since they did not compromise the matter, the petitioners alongwith other FIR named co-accused persons are
Patna High Court CR. MISC. No.59046 of 2021(3) dt.28-03-2022 2/2 alleged to have conspired and got killed the husband of informant.
It is submitted on behalf of petitioners that informant is not the eye-witness of the occurrence and as per F.I.R., the informant has only raised suspicion of conspiracy against petitioners and others. Petitioners are in custody since 09.08.2021.
However, counsel for the informant vehemently opposed the bail petition and submitted that due to past enmity and litigation between the parties, these petitioners alongwith others have killed the husband of informant.
Considering the aforesaid facts and circumstances, the bail petition of petitioners is allowed. Let the above named petitioners be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM - V, Siwan in connection with Maharajganj P.S. Case No. 200 of 2021. (Prabhat Kumar Singh, J) anay/- U T