Deepak Yadav @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78179 of 2023 Arising Out of PS. Case No.-624 Year-2022 Thana- PARSABAZAR District- Patna ====================================================== 1.

Deepak Yadav @ Deepak Kumar.

2.

Guddu Yadav @ Guddu Rai.

Both are sons of late Pokhan Yadav @ Dukh Devan Rai, R/O Village- Kankatti Chak, P.S.- Parsa Baazar, District- Patna, Bihar-800001 ... ... Petitioners

Versus

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

For the Petitioner :

Mr. Piyush Kumar Pandey For the Opposite Party :

Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-02-2024 Heard learned counsel for the petitioners and learned APP appearing on behalf of the State. 2.

The petitioners seek bail in connection with Parsa Bazar P.S. Case No.624 of 2022 registered for the offence punishable under Sections 302/34 and 120-B of the Indian Penal Code.

3.

The petitioners are accused of killing the deceased. They are in custody since 12.04.2023. 4.

It has been submitted by learned counsel for the petitioners that the deceased, after the death of his sister, was staying in the village of his brother-in-law (petitioner no.2). It has also been submitted that the deceased died in an accident and he was taken to PMCH, Patna by these petitioners and after

Patna High Court CR. MISC. No.78179 of 2023(3) dt.29-02-2024 2/2 his death, the family members of the deceased were also informed but taking advantage of the situation, false case has been lodged by the informant. It has further been submitted that the postmortem report does not support the prosecution case. As per the F.I.R. the deceased was assaulted by the accused persons severely whereas, in the postmortem report one abrasion and one bruise was found in the body of the deceased and the cause of death is head injury caused by hard and blunt object. 5.

Considering the aforesaid facts, this application is allowed.

6.

Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna, in connection with Parsa Bazar P.S. Case No.624 of 2022.

(Sandeep Kumar, J) pawan/- U T