Yogendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66977 of 2023 Arising Out of PS. Case No.-221 Year-2023 Thana- KATEYA District- Gopalganj ====================================================== YOGENDRA SAH S/o- LATE DUKHI SAH village- Maghiya Ps- Kateya Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anirudh Kumar Verma Mr. Vyas Kumar Mishra For the Opposite Party/s :

Mr. Ajit Kumar, APP Mr. Jharkhandi Upadhyay, APP For the Informant :

Mr. Rajendra Kumar Jain Mr. Vijay Kumar Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-12-2023 Heard the learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Kateya P.S. Case No. 221 of 2023 registered for the offence under Section 302 and 120B/34 of the Indian Penal Code.

4. As per the prosecution case, the deceased was called by Angur Sah and subsequently his dead body was found in the clinic of a doctor.

Patna High Court CR. MISC. No.66977 of 2023(3) dt.13-12-2023 2/3

5. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case and except suspicion nothing has come against the petitioner. He further submits that similarly situated co-accused Ranjan Sah has been granted bail by this Court vide order dated 18.10.2023 passed in Cr. Misc. No. 68040 of 2023.

6. Learned counsel for the petitioner also submits that the petitioner is in custody since 15.05.2023.

7. Learned A.P.P. has vehemently opposed the prayer for bail.

8. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

9. Let the petitioner, above named, be released 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, Gopalganj in connection with Kateya P.S. Case No. 221 of 2023.

10. It is surprising that the investigating officer of the case has failed to examine the doctor in whose clinic the dead body of the deceased was found. The Superintendent of Police, Gopalganj is directed to get the case investigated further so that the case can proceed in the right direction.

Patna High Court CR. MISC. No.66977 of 2023(3) dt.13-12-2023 3/3

11. Let a copy of this order be communicated to the Superintendent of Police, Gopalganj through FAX and e-Mail for its compliance forthwith.

(Sandeep Kumar, J) Vikas/- U T