Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.281 of 2019 Arising Out of PS. Case No.-55 Year-2018 Thana- DHANAHA District- West Champaran ====================================================== 1.

Ranglal Yadav and Anr Son of Ram Chandra Yadav 2.

Ram Chandra Yadav, aged about 50 years, Son of Late Ram Laxman Yadav. Both resident of village- Semariya Baira Tola, Police Station- Dhanaha, District- West Champaran.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 75325 of 2018 Arising Out of PS. Case No.-55 Year-2018 Thana- DHANAHA District- West Champaran ====================================================== Pappu Yadav S/o Ravindra Yadav Resident of Sarhatwa P.S. Ramnagar, District- West Champaran.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 281 of 2019) For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Sri Suresh Prasad Singh (In CRIMINAL MISCELLANEOUS No. 75325 of 2018) For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-07-2019 As both the cases arise out of the same P.S. case number, they have been taken up together for disposal. Petitioners in both the cases seek bail in anticipation of their arrest in connection with Dhanaha P.S. Case No. 55 of 2018 registered for the offences punishable under Sections 328,

Patna High Court CR. MISC. No.281 of 2019(6000) dt.19-07-2019 2/3 302 and 34 of the Indian Penal Code.

Allegation as per FIR against the petitioners of both the cases is that they administered poison to the father-in-law of the informant, due to which he became senseless and later on died.

Submission of learned counsel for the petitioners in both the cases is that they have falsely been implicated in this case due to land dispute.

Heard learned APP, who has opposed the prayer for anticipatory bail stating that post mortem report shows that deceased died due to some poisonous substance. However, viscera report, which was called for, disclosed that no metallic, Alkaloidal, Glycosidal, Pesticidal or volatile poison could be detected in the contents.

In view of above facts and circumstances, let petitioners, in the event of arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-I, Bagaha, District West Champaran, in connection with Dhanaha P.S. Case No. 55 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that

Patna High Court CR. MISC. No.281 of 2019(6000) dt.19-07-2019 3/3 one of the bailors of the petitioners shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

Director, Forensic Science Laboratory, Patna is directed to send the viscera report to the court concerned forthwith.

(Vinod Kumar Sinha, J) spal/- U T