Shambhu Yadav @ Shambhu Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52210 of 2022 Arising Out of PS. Case No.-29 Year-2022 Thana- BIKRAM District- Patna ====================================================== SHAMBHU YADAV @ SHAMBHU PRASAD SINGH S/o Jangbahadur Yadav R/o village- Nagahar, P.S.- Vikram, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

As per prosecution, it is a case of commission of murder of the informant of the father by the co-accused and petitioner. The allegation against the petitioner is that he thrown to the informant father and other Navneet Kumar by means of rod to the father, he succumbed to injury and from perusal of the Case Diary, the postmortem report mentioned in para 14 of the Case Diary. It is apparent that no injury was appreciated on the body. History of chronic hypertension and medications for past 5 years in the aortic rupture. The FSL report also shows that

Patna High Court CR. MISC. No.52210 of 2022(4) dt.08-02-2023 2/2 death is due to shock and hemorrhage as a result of Pathological aortic rupture. It is submitted that during investigation death occurred due to heart problem as mentioned in his petition vide para 11, suffering from heart problem and treating. Learned counsel for the petitioner submits that the petitioner is falsely implicated in this case and the postmortem report is not consonance with the prosecution case. The petitioner is in custody since 03.06.2022.

Learned APP appearing for the State has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bikram P.S. Case No. 29 of 2022, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., VI Danapur, District- Patna.

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