Sanjay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74816 of 2023 Arising Out of PS. Case No.-210 Year-2023 Thana- ALOULI District- Khagaria ====================================================== 1.
SANJAY YADAV S/O TRIBENI YADAV R/O VILLAGE- SANTOSH, P.SALOULI, DISTT.- KHAGARIA. 2.
SUBHASH YADAV S/O TRIBENI YADAV R/O VILLAGE- SANTOSH, P.S- ALOULI, DISTT.- KHAGARIA.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjan Kumar Jha For the Opposite Party/s :
Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 12-03-2024 Heard learned counsel for the petitioners and learned APP for the State.
2.
The petitioners seek bail in connection with Alauli PS Case No. 210 of 2023 instituted for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code.
3.
As per the prosecution case, the accused persons murdered the brother of the informant. 4.
Learned counsel for the petitioners submits that the petitioners are innocent have committed no offence and have falsely been implicated in this case merely on the basis of mere suspicion due to political rivalry and village politics. It
Patna High Court CR. MISC. No.74816 of 2023(4) dt.12-03-2024 2/3 submitted that informant and his family members did not see the occurrence. It is also submitted that there is case and counter case between the parties. It is further submitted that similarly situated co-accused person has already been granted bail by this Court through Cr. Misc. No. 75511 of 2023 on 27.02.2024. It is submitted that both the petitioners are in custody since 18.05.2023.
5.
Learned APP opposes the prayer for bail of the petitioners.
6.
From perusal of the FIR, case diary, postmortem report and the impugned order of the learned Additional Sessions Judge-VIIth, Khagaria dated 23.09.2023, it appears that petitioner is named in the FIR. On the basis of written report of Randhir Yadav, petitioners have been made accused. In the postmortem report the cause of death is due to Ventricular Fibrilation by electric shock. In the entire case diary no eye witness or any witness connecting the guilt with the petitioner. There is no evidence shows the complicity of the petitioner, accordingly the prayer for bail of the petitioner is allowed. Let both the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction
Patna High Court CR. MISC. No.74816 of 2023(4) dt.12-03-2024 3/3 of the learned Chief Judicial Magistrate, Khagaria in connection with Alauli PS Case No. 210 of 2023.
(Ramesh Chand Malviya, J) S.Katyayan/- U T