Madan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85634 of 2024 Arising Out of PS. Case No.-72 Year-2024 Thana- RANIYATALAB District- Patna ====================================================== Madan Yadav S/O Late Chhotu Yadav R/O Village- Jitan Chhapara, P.SRanitalab, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishan Pd. Singh, Sr. Adv Mr. Bhaskar Shankar, Adv For the Informant :
Mr. Shyam Kishore, Adv For the Opposite Party/s :
Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 13-05-2025 Heard learned Senior Counsel for the petitioner, learned counsel for the Informant as well as learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Ranitalab P.S. Case No. 72 of 2024 registered for the offences punishable u/s 302, 307, 341, 323, 354 (B), 379, 504 and 506 read with Section 34 of the I.P.C.
3. As per the prosecution case, the petitioner had assaulted on the neck of one Govind Sharan Yadav (informant's husband), who subsequently died during the course of treatment.
4. Learned Senior Counsel for the petitioner has submitted that the petitioner is innocent and has falsely been
Patna High Court CR. MISC. No.85634 of 2024(6) dt.13-05-2025 2/3 implicated in this case. It is further submitted that there is general and omnibus allegation against the petitioner. It is next submitted that the specific allegation of assaulting the informant's husband is against the co-accused Krishna Yadav. As per the post-mortem report, it is evident that the cause of death is due to cranio-cerebral damage resulting in head injury due to hard blunt force impact. It is lastly submitted that the petitioner has two criminal antecedents and is in custody since 06.08.2024.
5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for bail and have stated that there is a specific allegation against the petitioner to have assaulted the said Govind Sharan Yadav with Iron Rod on his neck, hence, he does not deserve the liberty of bail.
6. Considering the aforesaid submissions of the parties and taking into account the fact that from perusal of the post-mortem report it is clear that no ante-mortem injury was found on the neck of the deceased and as such the allegation against the petitioner is not corroborated by the medical evidence coupled with the fact that the petitioner is in custody since 06.08.2024, let the petitioner above-named, be enlarged on
Patna High Court CR. MISC. No.85634 of 2024(6) dt.13-05-2025 3/3 bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna, in connection with Ranitalab P.S. Case No. 72 of 2024.
7. The application stands allowed.
(Sourendra Pandey, J) Jyoti/- U T