Bhola Singh Yadav @ Bhola Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11881 of 2017 Arising Out of PS.Case No. -11 Year- 2016 Thana -JAGDIHSPUR District- BHOJPUR ======================================================

1. Bhola Singh Yadav @ Bhola Singh, Son of Late Ramanand Singh, Resident of Village Ram Nath Tola, P.S. Piro, District Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bhavesh Kumar For the Opposite Party/s : Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-03-2017 Heard both sides.

The petitioner seeks bail in Jagdishpur P.S. case No. 11 of 2016 under Section 302, 328, 201/34 of the Indian Penal Code.

Munni Devi, the informant, alleged that her husband, Jitendra Rai, went along with Shankar Rai, Bhola Singh Yadav, the petitioner, on the motor cycle of Shankar Rai and they might have mixed poisonous substance in the wine that his why her husband died.

The learned counsel for the petitioner submits that petitioner has not committed the murder of deceased and the deceased died due to heart failure and on mere suspicion the petitioner has been dragged in the case along with Shankar Rai.

Patna High Court Cr.Misc. No.11881 of 2017 (3) dt.28-03-2017 2/2 Shankar Rai has already been granted bail vide order passed in Cr. Misc. No. 9283 of 2017.

It appears that informant alleged that petitioner was seen going along with her husband and Shankar Rai. The informant alleged that deceased was poisoned to death but from perusal of post mortem report, it appears that the doctor did not find any external or internal injury and in the opinion of doctor cause of death is due to heart failure.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the above named petitioner is directed to 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 the learned Chief Judicial Magistrate, Bhojpur (Ara) in Jagdishpur P.S. Case No. 11 of 2016. (Prabhat Kumar Jha, J) BKS/- U T