Yashawant Chaudhary @ Yashwant Chaudhary @ Yashawant Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71968 of 2022 Arising Out of PS. Case No.-136 Year-2020 Thana- NOKHA District- Rohtas ====================================================== YASHAWANT CHAUDHARY @ YASHWANT CHAUDHARY @ YASHAWANT SINGH S/O LATE RAJGRIHI CHAUDHARY @ LATE RAJGRIHI SINGH Resident of village- Raghunathpur, P.S.- Nokha DistrictRohtas. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mithilesh Kumar Singh, Advocate For the Opposite Party/s :
Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Nokha P.S. Case No. 136 of 2020 for the offence registered under Sections 302 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.
The allegation is regarding the husband of the deceased victim lady having murdered the deceased victim lady by firing gun shots on her head resulting in her instantaneous death. The petitioner herein is stated to be the co-agnate of the husband of the deceased victim lady.
Patna High Court CR. MISC. No.71968 of 2022(2) dt.02-01-2023 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 22.07.2022.
The learned counsel for the petitioner has submitted that the petitioner has got no role to play in the alleged occurrence inasmuch as the incident in question has been effected by the husband of the deceased victim lady as is also apparent from the investigation carried out by the police, hence the petitioner be granted bail. Per contra, the learned A.P.P. appearing for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the materials available in the case diary, this Court finds that there is minuscule evidence to connect the petitioner with the alleged
Patna High Court CR. MISC. No.71968 of 2022(2) dt.02-01-2023 3/3 crime apart from the fact that the main accused in the present case is the husband of the deceased victim lady, who is stated to have fired gun shots on the head of the deceased victim lady resulting in her instantaneous death, hence I deem it fit and proper to direct for release of the petitioner on regular bail.
Accordingly, the petitioner, above named, is directed to be released on bail upon his furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Rohtas at Sasaram in connection with Nokha P.S. Case No. 136 of 2020. (Mohit Kumar Shah, J) S.Sb/Saurav U T