Yadunandan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5695 of 2015 Arising Out of PS.Case No. -33 Year- 2014 Thana -WARISNAGAR District- SAMASTIPUR ====================================================== Yadunandan Sah, Son of Late Parmeshwar Sah, Resident of Village - Darsur, P.S. - Warisnagar, District - Samastipur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sunil Kumar, Advocate For the Opposite Party/s : Mr. A.K.Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 23-06-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 324, 354, 302/34 of the Indian Penal Code.

The allegation is that the petitioner and five others assaulted the informant, his wife Sukumari Devi (deceased) and his daughter-in-law and due to assault, wife of the informant died. It is submitted that the petitioner, elder brother of the informant, is 75 years old. He has been falsely implicated in this case due to land dispute. The daughter-in-law of the informant has also not named the petitioner as an assailant. However, after investigation, charge sheet has already been submitted and there is no chance of tampering with the evidence. The petitioner is in

Patna High Court Cr.Misc. No.5695 of 2015 (3) dt.23-06-2015 2/2 custody since 21.09.2014 having no criminal antecedent. The learned counsel for the State submits that other witnesses have supported the prosecution case against the petitioner also.

Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur/court concerned in Warisnagar P.S. Case No.33/2014 after framing of charge with the following conditions : 1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T