High Court Patna High Court - Orders

Paras Yadav vs State Of Bihar on 2 February, 2011

Patna High Court – Orders
Paras Yadav vs State Of Bihar on 2 February, 2011
                  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
                                             -----------

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.)