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Patna High CourtCR. MISC./69521/2019allowed

Mushahroo Yadav v. The State Of Bihar

2020-03-17Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69521 of 2019 Arising Out of PS. Case No.-232 Year-2006 Thana- NATHNAGAR District- Bhagalpur ====================================================== MUSHAHROO YADAV Son of Late Indradeo Yadav Resident of Village - Gosaidaspur, P.S.- Nathnagar, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 17-03-2020 Heard learned counsel for the petitioner as well as APP.

While late Ghanshyam Yadav was keeping watch over an orchard which he took on lease, was murdered and for that, informant, his son lodged this case. None is an eyewitness to an occurrence.

From the order impugned, it is evident that learned lower court has referred certain paragraphs which has got no relevancy nor could it be a connecting link, more particularly, para-39 which happens to be mere a story propounded by the I.O. himself and further, in the background of inculpatory extrajudicial confessional statement of Manoj Mandal under para-29 of the case diary, para-39 is found completely watered down. Consequent thereupon, petitioner, MUSHAHROO

Patna High Court CR. MISC. No.69521 of 2019(3) dt.17-03-2020 2/2 YADAV is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-VI, Bhagalpur in connection with Sessions Trial No. 431/19 arising out of Nathnagar PS Case No. 232/2006. (Aditya Kumar Trivedi, J) perwez U T