Dharo Yadav @ Daro Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45190 of 2014 Arising Out of PS.Case No. -33 Year- 2014 Thana -TARAPUR District- MUNGER ======================================================
1. Amin Yadav
2. Suren Yadav Both are sons of Late Harilal Yadav residents of Village - Dhobai, P.S. - Tarapur, District - Munger.
.... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== with Criminal Miscellaneous No.47252 of 2014 Arising Out of PS.Case No. -33 Year- 2014 Thana -TARAPUR District- MUNGER ======================================================
1. Rupesh Yadav.
2. Mithilesh Yadav Both sons of Naresh Yadav Both resident of village Dhobai, Police Station - Tarapur, District - Munger. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== with Criminal Miscellaneous No.47232 of 2014 Arising Out of PS.Case No. -33 Year- 2014 Thana -TARAPUR District- MUNGER ====================================================== Dharo Yadav @ Daro Yadav Son of Sidheshwar Yadav resident of Village Dhobai, Police Station - Tarapur, District - Munger. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.45190 of 2014) For the Petitioners :
Mr. Subhash Kumar Jha, Advocate For the State :
Mr. Pramod Kr.Pandey, APP (In Cr.Misc. No.47252 of 2014) For the Petitioners :
Mr. Sanjeev Ranjan, Advocate For the State :
Mr. Ganesh Prasad Singh, APP (In Cr.Misc. No.47232 of 2014) For the Petitioner :
Mr. Sanjeev Ranjan, Advocate For the State :
Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA
Patna High Court Cr.Misc. No.45190 of 2014 (2) dt.23-02-2015 2 / 3 ORAL ORDER 23-02-2015 All the three bail petitions arose out of Tarapur P.S. Case No. 33 of 2014 and, therefore, these petitions are being disposed of by this common order.
Heard both sides.
The petitioners seek bail in a case under Sections 147, 148, 149, 341, 323, 504, 307 and 427 of the Indian Penal Code. Later on Section 302 of the Indian Penal Code was added. Bablu Yadav, the deceased is the informant of the case. The informant alleged that he had altercation with one Rajesh Yadav and thereafter he came to his house. Again Rajesh Yadav along with the petitioners and others came and started assaulting him with lathi. He further alleged that from the roof of one Nago Yadav brick-bat started and during that course one Bibhishan Yadav also got injury.
Learned counsel for the petitioners submits that eight persons are alleged to have indiscriminately assaulted the informant but from perusal of the post-mortem report, it appears that Bablu Yadav got one injury on his forehead and the bone was found fractured. It is also submitted that on account of head injury he died and he did not get any other injury.
Having considered the fact that although all
Patna High Court Cr.Misc. No.45190 of 2014 (2) dt.23-02-2015 3 / 3 petitioners along with others are alleged to have indiscriminately assaulted the deceased with stick (lathi) but only one injury was found on the forehead of the deceased and on account of such injury, the informant died during the course of treatment, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Munger in connection with Tarapur P.S. Case No. 33 of 2014 (G.R. No. 531 of 2014). (Prabhat Kumar Jha, J.) Sanjay/- U T