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Patna High CourtCR. MISC./13429/2021allowed

Ram Pravesh Yadav v. The State Of Bihar

2021-07-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13429 of 2021 Arising Out of PS. Case No.-215 Year-2020 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== 1.

RAM PRAVESH YADAV Son of Late Rambalak Yadav Resident of Village - Basahi, P.S.- Cheria Bariyarpur, Distt.- Begusarai. 2.

Sanjeet Yadav Son of Ramashish Yadav Resident of Village - Basahi, P.S.- Cheria Bariyarpur, Distt.- Begusarai.

3.

Shiv Kumar Yadav Son of Kailu @ Rambilash Yadav Resident of Village - Basahi, P.S.- Cheria Bariyarpur, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Adv.

For the State :

Mr. Yogendra Kr. Singh, APP For the Informant Mr. Bipin Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 149, 323, 504, 307, 302 of the Indian Penal Code.

Allegation against the petitioners is that they came armed with lathi, danda and rod assaulted the informant, his father and his uncle. Thereafter, the informant and his uncle and father of the informant were brought to Sadar Hospital, Begusarai for treatment and during course of treatment, the father of the informant died.

Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.13429 of 2021(2) dt.14-07-2021 2/2 case. He submits that the allegation of assault to the informant and his father and his uncle has been alleged against eleven FIR named accused including the petitioners. There is no specific allegation upon the petitioners. He submits that postmortem report of Paltu Yadav shows that no specific cause of death could be certainly ascertained. Most probable cause appears to be carcinogenic shock precipitated by physical trauma in preexisting cardiac aliment. He submits that petitioners have no criminal antecedent as stated in para-3 of the bail application and they are languishing in judicial custody since 05.11.2020. Considering the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Cheria Bariayarpur P.S. Case No. 215 of 2020.

devendra/- (Anjani Kumar Sharan, J) U T