IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.26971 of 2010
PARAS YADAV, Son of Mushan Yadav, resident of Burhanabir, P.S.
Bihia, District-Bhojpur ----------------- Petitioner
Versus
STATE OF BIHAR
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04 02-02-2011 Heard Sri Subodh Kumar Jha, learned counsel, who was
assisted by Sri Sarveshwar Tiwary, learned counsel for the petitioner
as well as Smt. Indu Bala Pandey, learned Addl. Public Prosecutor.
The petitioner, who is in custody since 21.5.2010 in Bihia
P.S. Case No.76 of 2005 for the offences under Section 302/34 of
the Indian Penal Code and Section 3 (X) of the SC/ST Act, has
prayed for grant of bail.
It was alleged by the informant that his father was
labourer of the petitioner. It was apprehended by the informant that
his father was killed by the petitioner. The informant had noticed on
the dead body of his father some burn injury and it was suspected
that someone poured hot water and due to that injury he died.
Learned counsel for the petitioner, while pressing the bail
petition, submits that during the postmortem examination the
allegation made by the informant was not corroborated. It was
recorded by the doctor in postmortem examination report that cause
of death could not be ascertained because of the fact that the injury
on the body was not sufficient to cause death. It was further
submitted that during investigation none of the witnesses has come
forward to claim as an eye witness of the occurrence and only on
suspicion the petitioner has been made accused.
2
Learned Addl. Public Prosecutor after examining the
postmortem examination report does not dispute the contention of
the petitioner regarding injury found on the person of the deceased.
Keeping in view the fact that the petitioner is in custody
on suspicion, let the petitioner above named be released on bail on
furnishing bail bond of Rs.10, 000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of learned Chief Judicial
Magistrate, Ara( Bhojpur) in connection with Bihia P.S. Case
No.76 of 2005.
NKS/- ( Rakesh Kumar, J.)