Dhanraj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24356 of 2018 Arising Out of PS. Case No.-241 Year-2017 Thana- BHARGAWAN District- Araria ====================================================== Dhanraj Yadav, Son of Udeshy Yadav @ Udesh Yadav, Resident of Village Khajuri, Ward No.2, P.S. Bhargama, District Araria. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Viveka Nand Singh, Advocate For the State :

Mr. Akhileshwar Dayal, APP For the Informant :

Mr. Anil Prasad Singh, Advocate Mr. Pankaj Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner, learned APP for the State as well as learned counsel appearing on behalf of the informant.

Petitioner, already in custody, seeks bail in connection with Bhargama P.S. Case No.241 of 2017 registered under Sections 302/34 of the Indian Penal Code.

Allegation in brief is that while the informant's son was returning back after withdrawing money, in the orchard he was assaulted by some accused and he informed to his sister on phone that one Monu Choudhary has stabbed him and when they reached at the place of occurrence then found his son lying there, his neck was slit and from abdomen intestines were protruding out of the body and he disclosed that Monu

Patna High Court Cr.Misc. No.24356 of 2018(5) dt.19-07-2018 2/2 Choudhary and Dhanraj both had stabbed him.

Learned counsel for the petitioner submits that the deceased vocal chord was slit and in such situation it is not probable for anyone to make any kind of statement and it is alleged that the first information was given by the victim to the sister that one Monu Chaudhary had stabbed him and there is no such allegation against the petitioner on the telephonic information, besides this the petitioner has no criminal antecedent; whereas the accused has three criminal antecedents. Learned counsel appearing on behalf of the informant opposes the prayer of bail.

Having considered the aforesaid facts and circumstances, petitioner Dhanraj Yadav is directed to 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 learned CJM, Araria in connection with Bhargama P.S. Case No.241 of 2017.

(Arun Kumar, J) S.KUMAR/- U T