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2025 DAILYLAW 9918 (JHR)

PARMESHWAR YADAV ALIAS PRAMESHWAR YADAV v. THE STATE JHARKHAND

B.A./2800/2025 · 2025-08-19

Ambuj Nath

body2025

Judgment text

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Neutral Citation No. ( 2025:JHHC:24288 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 2800 of 2025 ------ Parmeshwar Yadav @ Prameshwar Yadav, aged about 75 years, S/o Late Guli Yadav, R/o village-Chautha, P.O. Chautha, P.S. Bishnugarh, Dist. Hazaribagh … … Petitioner -Versus - 1. The State of Jharkhand 2. Sarita Devi @ Taliya Devi, aged about 40 years, W/o Late Jageshwar Yadav, R/o Village-Chautha, P.O. & P.S.-Bishnugarh, Dist.-Hazaribagh ... … Opposite Parties ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ------ For the Petitioner : M/s. Indrajit Sinha, Advocate For the State : M/s. Sunil Kumar Dubey, A.P.P. For the O.P. No. 2 : M/s. Alok Kumar Dubey, Amicus Curiae ----- 04/19.08.2025 Heard Mr. Indrajit Sinha, learned counsel appearing on behalf of the petitioner and Mr. Alok Kumar Dubey, learned Amicus Curiae appointed on behalf of the complainant. 2. The petitioner has been made accused in connection with Protest- cum-Complaint Case No. 1947 of 2021, for the offences registered under Sections 328, 302 and 34 of the I.P.C., pending in the Court of Sri Bikrant Ranjan, learned J.M.F.C., Hazaribagh. 3. The complainant has initially instituted a Police case being Bishnugarh P.S. Case No. 13 of 2019 under Section 328, 302 and 34 of the I.P.C. against the petitioner and other co-accused persons, alleging therein that the accused persons had taken the husband of the informant with them. Thereafter, they offered him poisoned liquor, after consuming the same, he died. After the investigation, police did not find sufficient evidence against the accused persons and submitted final form. The complainant thereafter filed a protest-cum-Complaint Case No. 1947 of 2021, wherein after examining the complainant on S.A. and other witnesses, the learned Court below found the prima facie case true under Section 328 and 302 and 34 of the I.P.C. 4. Mr. Indrajit Sinha, learned counsel appearing on behalf of the petitioner has submitted that the deceased died due to consuming spurious liquor. It was further submitted that the police had not found any evidence against the accused persons including the petitioner that they had poisoned the deceased. 5. Mr. Alok Kumar Dubey, learned Amicus Curiae has opposed the prayer for bail and submitted that there is specific averment in the statement of the complainant on S.A. that the accused persons had taken her husband with them and they had given him poisoned liquor. 6. Considering the fact that the police had submitted final form after the investigation and also the fact that there is no other material against the petitioner on the record to suggest that the deceased was poisoned by the accused persons, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of Sri Bikrant Ranjan, learned J.M.F.C., Hazaribagh in connection with Protest-cum-Complaint Case No. 1947 of 2021. 7. We record my appreciation to Mr. Alok Kumar Dubey, learned Amicus Curiae, who has very ably assisted this Court in deciding this case. The Member Secretary JHALSA is directed to pay Rs. 10,000/ to him by way of remuneration. (Ambuj Nath, J.) Nandini/- Uploaded