Baleshwar Yadav @ Valeshar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57946 of 2023 Arising Out of PS. Case No.-309 Year-2023 Thana- BODHGAYA District- Gaya ====================================================== BALESHWAR YADAV @ VALESHAR YADAV SON OF SARYU YADAV RESIDENT OF KARHAUL, PS- BODH GAYA, DIST- GAYA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Singh, Advocate For the State :
Mr. Kumar Veerendra Narayan, A.P.P.
For the Informant :
Mr. Gajendra Kumar Singh, Advocate Mr. Man Mohan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner, informant and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 304, 307, 326/34 of the Indian Penal Code.
3. According to F.I.R., son of the informant got electrocuted in the field of the petitioner resulting in his death.
4. It is submitted that petitioner is innocent and has falsely been implicated in this case. As a matter of fact, the deceased walked onto a live wire while searching for his buffalo as a result of which the alleged incident took place. Moreover, F.I.R. has been lodged after inordinate delay of two days. Petitioner is an old man aged about 72 years and has got clean antecedent.
5. Learned counsel for the informant vehemently
Patna High Court CR. MISC. No.57946 of 2023(2) dt.05-09-2023 2/2 opposes the bail application.
6. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Bodh Gaya P. S. Case No. 309 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T