Ram Swaroop Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21063 of 2015 Arising Out of PS.Case No. -105 Year- 2013 Thana -RAJAUN District- BANKA ====================================================== Ram Swaroop Yadav Son of Late Govardhan Yadav, Resident of Village - Shyampur (Tekni), P>S. - Rajoun, District - Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. A.K.Chaudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 09-07-2015 Heard learned counsel for the petitioner and the State. The petitioner is in custody since 23.02.2015 in connection with Rajoun P.S. Case No. 105 of 2013 registered under section 302/34 IPC.

The wife of the deceased has lodged the case that on the date of occurrence the co-accused Siyaram Yadav came to his house and started abusing him for selling a piece of land. Thereafter six accused persons including the petitioner are said to have arrived there. The specific allegation is that the co accused Sadanand Yadav wielding a Lathi in his hand assaulted the deceased on his head as a result of which he died. The contention of the petitioner is that both the parties are agnates and there is land dispute. Specific allegation of assault

Patna High Court Cr.Misc. No.21063 of 2015 (2) dt.09-07-2015 2/2 is attributed to either Siyaram Yadav or Sadanand Yadav. The post mortem report of the deceased suggests injuries caused by a hard and blunt substance.

Considering the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction CJM, Banka in Rajoun P.S. Case No. 105 of 2013 on condition that one of the bailors shall be own/close family member of the petitioner. As soon as the charges are framed, the petitioner shall appear in person on each date fixed at the trial. In case of default in doing so on two consecutive dates, the trial court shall cancel his bail bonds. (Kishore Kumar Mandal, J) HR/- U T