Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82632 of 2019 Arising Out of PS. Case No.-207 Year-2019 Thana- GOVINDPUR District- Nawada ====================================================== Ashok Yadav Son of Ramchandra Yadav Resident of Village - Govindpur dih, P.S.- Govindpur, District - Nawada.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Man Mohan Kumar Mr. Bhavesh Kumar, Advocates For the Opposite Party :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-03-2020 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Govindpur P.S. Case No. 207 of 2019 for the offence under Section 302/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that in this case, case diary was called for by order dated 12.12.2019. On perusal of the case diary and post mortem report it transpires that there is no external injury on the person of the deceased. The only material against the petitioner is that he was seen by the informant accompanying her husband (deceased) though the dead body was found lying on the bank of river. The petitioner has no criminal antecedent. The petitioner is in custody since

Patna High Court CR. MISC. No.82632 of 2019(3) dt.20-03-2020 2/2 22.10.2019.

Learned counsel for the petitioner with reference to the prosecution case would submit that the case of the informant in this case that the accused persons including the petitioner have threatened the husband of the informant with dire consequences ruled out the case of the informant that the husband of the informant accompanied the accused persons. Considering the totality of the facts and circumstances of the case, the Court is inclined to grant bail to the petitioner. The petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Nawada in connection with Govindpur P.S. Case No. 207 of 2019. On release, the petitioner shall tender his services as volunteer in Sadar Hospital, Nawada for one month. He is required to report to the Civil Surgeon, Nawada who shall take appropriate action with regard to the services of the petitioner as Volunteer.

(Anil Kumar Upadhyay, J) BT/- U T