Krishna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60880 of 2023 Arising Out of PS. Case No.-167 Year-2023 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Krishna Yadav Late Bifan Yadav R/O- Village- Piparahiya, P.S.- Magadh University, Dist- Gaya.

... ... Petitioner/s

Versus

The State Of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Braj Nandan Kumar Tiwary For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-10-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. 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.

3. Allegation against co-accused persons is that they on the instruction of this petitioner assaulted the informant's father by means of iron rod due to which he sustained injury and later on during the course of treatment, the informant's father died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is no any specific overt act of assaulting against the petitioner rather the allegation

Patna High Court CR. MISC. No.60880 of 2023(3) dt.30-10-2023 2/2 of assault upon the informant's father is against co-accused person. The only allegation against this petitioner is that he gave order to kill the informant's husband. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 16.05.2023.

5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Magadh University P.S. Case No. 167 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Gaya. (Sunil Kumar Panwar, J) Shubham/- U T