IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.6989 of 2011
KUSHESHWAR YADAV @ BATAHU & ANR
Versus
THE STATE OF BIHAR
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3. 22.06.2011. Heard the learned counsels for the
petitioners and the State.
The petitioners being the own
brothers of one of the deceased Rajesh Rai
are apprehending their arrest in a case
registered under Sections 328,302/34 of the
Indian Penal Code.
The accusation against the entire
family including the petitioners that due to
serious land dispute the victims were
administered poison.
It is submitted by senior counsel
for the petitioners that victims themselves
consumed poison due to land dispute. The
post mortem does not reflect any resisting
injury and the supervising officer has found
the case under Section 306 of the Indian
Penal Code whereas accusation against other
accused persons was found false by the
supervising officer.
Considering the fact that no
external injury was found on the dead
2
body of the victims which some how clouds
bonafide of accusation, let the petitioners,
Kusheshwar Yadav @ Batahu and Fudi Roy, be
released on bail in the event of arrest or
surrender before the learned court below
within a period of twelve weeks from today
in connection with Angarghat P.S. Case No.
33 of 2010 on furnishing bail bond of
Rs.10,000/-(Ten Thousand) each with two
sureties of the like amount each to the
satisfaction of the learned A.C.J.M.
Dalsingsarai, District-Samastipur, subject
to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure.
U. K. ( Dinesh Kumar Singh, J)