Jitendra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63140 of 2022 Arising Out of PS. Case No.-239 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== Jitendra Kumar Yadav Son Of Vashudev Yadav R/V- Shankarbigha, P.SBajirganj, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-02-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 337, 307, 302/34 of the Indian Penal Code.

It is a case of commission of murder of the father of the informant by all the F.I.R named accused persons including the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is counter version of

Patna High Court CR. MISC. No.63140 of 2022(2) dt.21-02-2023 2/3 the occurrence also and petitioner's side also sustained injuries. On the alleged date of occurrence, the father of the informant was treated in Primary Health Centre, Bajirganj where his injury was found to be simple in nature and thereafter, after eleven days of the occurrence, on 22.05.2022, the father of the informant died. The F.I.R has been registered on 22.05.2022 for the alleged occurrence of 11.05.2022 without explaining the delay. The petitioner is not alleged to have assaulted the father of the informant and the specific accusation of to the father of the informant is against co-accused Ravindra Yadav. The petitioner is languishing in custody since 22.06.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.63140 of 2022(2) dt.21-02-2023 3/3 Judicial Magistrate, 1st, Gaya in connection with Wazirganj P.S. Case No. 239 of 2022.

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