Jai Ram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34454 of 2018 Arising Out of PS.Case No. -94 Year- 2017 Thana -BELAGANJ District- GAYA ====================================================== Jai Ram Yadav, S/o Late Chamari Yadav, Resident of Village- Wajitpur Tola Dhandhaur Bigha, P.S.- Belaganj, District- Gaya. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmendra Kumar Paswan, Adv. For the Opposite Party/s : Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-07-2018 Heard both sides.

The petitioner apprehends his arrest in Belaganj P.S. Case No. 94/2017, registered for the offences punishable under Section 302, 201, 120(B) and 34 of the Indian Penal Code. The informant alleged that his son went outside his house to attend the call of nature, but his son did not return. The wife of the informant made search and the dead body of his son was found in a ditch situated near a brick kiln. The informant suspected that petitioner Jai Ram Yadav and Ravindra Yadav @ Bholi Yadav and other accused persons killed his son in pursuance of a conspiracy hatched up by other accused persons. Learned counsel for the petitioner submits that petitioner is co-sharer of the informant. On account of land dispute, the petitioner has falsely been implicated in the case. There is no eye witness of the occurrence. The son of the informant died due to

Patna High Court Cr.Misc. No.34454 of 2018 (2) dt.02-07-2018 2/2 drowning. The post-mortem report shows that the deceased did not have any external injury. The deceased died due to asphyxia, as a result of drowning. Similarly situated co-accused Rabindra Kumar @ Bholi Yadav has already been enlarged on anticipatory bail vide order passed in Cr. Misc. 15055/2018 by a coordinate bench of this Court.

Considering the facts aforesaid and the fact that the informant does not appear to be an eye-witness of the occurrence, after the recovery of dead-body of his son from a ditch, the informant lodged this case raising suspicion against the petitioner and other accused persons and similarly situated co-accused Rabindra Kumar @ Bholi Yadav has already been enlarged on bail, the petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Gaya in connection with Belaganj P.S. Case No. 94/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J) Vinita/- U T