Barni Yadav @ Brahamdeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44097 of 2018 Arising Out of PS.Case No. -242 Year- 2017 Thana -BHARGAWAN District- ARRARIA ======================================================

1. Barni Yadav @ Brahamdeo Yadav, S/o Mishri Yadav, Resident of Village- Shankarpur, Ward No. 1, P.S.- Bhargama, District- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Jha : Mr. Bhola Prasad For the informant : Mr. Amar Nath Singh Mr. Kamal Kishor Singh For the Opposite Party/s : Mr. Humayou Ahmad Khan, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-08-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Learned counsel for the informant is also present.

The petitioner has been in custody since 22.05.2018 in connection with Bhargama P.S. Case No. 242 of 2017 registered for the offences punishable under Sections 304/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the only allegation against the petitioner is that he instigated the deceased to undertake some work on the eclectic pole and as a consequence thereof, the deceased met with an incident and died during the course of treatment. Learned counsel for the petitioner

Patna High Court Cr.Misc. No.44097 of 2018 (3) dt.20-08-2018 2/2 submits that the petitioner is a man of clean antecedent and he has been implicated falsely in connection with the present case. Learned counsel for the petitioner further submits that similarly situated co-accused Pappu Yadav has since been extended the privilege of bail vide order dated 14.08.2018 passed in Cr. Misc. No. 50161 of 2018.

Considering the aforementioned facts and circumstances and that the petitioner has got no criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Araria, in connection with Bhargama P.S. Case No. 242 of 2017.

It is further directed that the trial of the case be expedited so as to conclude at the earliest.

(Anjana Mishra, J) Saif/- U T