Vishnu Deo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3247 of 2020 Arising Out of PS. Case No.-156 Year-2019 Thana- KHARHAGPUR District- Munger ====================================================== Vishnu Deo Yadav Son of Narayan Yadav Resident of Village - Harlaba, P.S.- Laxmipur, Dist.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jainendra Kumar, Adv.

For the Opposite Party/s :

Mr.Ram Anurag Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-06-2020 Heard learned counsel for the petitioner and learned A.P.P for the State, through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Kharagpur P.S. Case no. 156 of 2019 registered under section 307 and other sections of the Indian Penal Code to which section 302 of the Indian Penal Code was added subsequently.

As per allegation in the F.I.R., the accused persons including the petitioner herein came variously armed and assaulted the husband of the informant. The cause of occurrence was land and family dispute.

It is submitted by learned counsel for the petitioner that from the F.I.R. it would transpire that the informant is not an eye witness to the occurrence. The F.I.R. was registered against four

Patna High Court CR. MISC. No.3247 of 2020(5) dt.02-06-2020 2/2 named accused persons and 4 to 5 unknown accused. There is no specific statement as to what weapon the petitioner was carrying or what role he played. It is further submitted that the post mortem report does not support the allegations as levelled in the F.I.R The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the allegations as levelled in the F.I.R., the petitioner being in custody since 30.10.2019 and having no criminal antecedent, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Kharagpur P.S. Case no. 156 of 2019 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM IVth , Munger.

(Partha Sarthy, J) Bibhash/- U T