Kuldeep Prasad @ Kuldeep Yadav @ Kuldip Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65547 of 2022 Arising Out of PS. Case No.-652 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== KULDEEP PRASAD @ KULDEEP YADAV @ KULDIP PRASAD Son of Late Shyamlal Yadav Resident of Village- Chautha, P.S.- Rajauli, DistrictNawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 302, 328, 120(B) of the Indian Penal Code.

As per the prosecution case, all the FIR named accused persons, including this petitioner, killed the husband of informant by poisoning on account of land dispute. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case due to land dispute. It is further submitted that informant is not an eye witness of the occurrence. The post mortem report does not support the prosecution case as the doctor found the cause of death due to cardiac arrest and no metallic, alkaloidal,

Patna High Court CR. MISC. No.65547 of 2022(3) dt.11-07-2023 2/2 glycosidal, pesticidal and relative poison could be detected. The petitioner is aged about 70 years.

Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case and nature of accusation against the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall 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 Chief Judicial Magistrate, Nawada in connection with Rajauli PS case No. 652/ 2021, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T