Bhola Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72344 of 2022 Arising Out of PS. Case No.-197 Year-2022 Thana- SAHAR District- Bhojpur ====================================================== BHOLA YADAV S/o Late Rajbalam Yadav R/o Village- Ekwari, P.S.- Sahar, Distt- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-06-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 379, 120(B) of the Indian Penal Code.

As per prosecution case, the informant got information that his uncle and aunt were killed by some unknown persons by pressing their neck and the accused persons also looted cash and ornaments from the room. Thereafter, this case has been lodged.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The FIR has been lodged against unknown but during course of

Patna High Court CR. MISC. No.72344 of 2022(4) dt.28-06-2023 2/3 investigation, the informant raised suspicion against the petitioner and implicated him in this case. One witness vide para 21 of the case diary stated that this petitioner purchased a rope which is alleged to have used in the offence but on the basis of which, allegation has not been proved against the petitioner. There is no eye witness of the alleged occurrence and no any consistent material has come on record against the petitioner during investigation. From perusal of F.S.L, report, it appears that no Metalic, Alkaloidal, Glycodidal and volatile poison could be detected. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 5.9.2022. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sahar P.S. Case No. 197 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand)

Patna High Court CR. MISC. No.72344 of 2022(4) dt.28-06-2023 3/3 with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Bhojpur at Ara.

(Sunil Kumar Panwar, J) Amandeep/- U T