Jitendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67148 of 2022 Arising Out of PS. Case No.-298 Year-2021 Thana- RAMNAGAR District- West Champaran ====================================================== JITENDRA YADAV Son of Manan Yadav R/V- Jogiya, P.S- Ramnagar, DistWest Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Fahimuddin, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302, 328/34 of the Indian Penal Code.

The prosecution story, in short, is that petitioner called the husband of the informant i.e. deceased from his house to the house of co-accused Bunna Yadav where Akhilesh Ram and Awadhesh Ram served him some inedible substances and after consuming the same, his condition began deteriorating and subsequently he died. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence as alleged ever took place. It is further submitted that after investigation, police has filed final form against the petitioner. During the course of investigation, police has not found the case

Patna High Court CR. MISC. No.67148 of 2022(2) dt.19-01-2023 2/2 true against the petitioner. Though the petitioner was not sent up for facing trial by the police yet learned S.D.J.M., Bagaha, West Champaran took cognizance against the petitioner differing with the finding of the investigation agency. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the final form has been filed by the police against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Ramnagar P.S. Case No. 298 of 2021, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T