Patna High CourtCR. MISC./50075/2015bail granted

Dina Nath Yadav v. The State Of Bihar

2015-11-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50075 of 2015 Arising Out of PS.Case No. -96 Year- 2015 Thana -LAURIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Dina Nath Yadav, son of Langtu Yadav, resident of village- Jawahirpur, Police Station- Lauria, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiv Kumar Dwivedy For the Opposite Party/s : Mr. Pronati Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-11-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 147, 148, 149, 341, 342, 323, 324, 307 and 302 of the Indian Penal Code.

Allegation against the petitioner is that he along with other accused persons assaulted brother of the informant as a result of which he died.

It has been submitted on behalf of the petitioner that he has got no criminal antecedent. He is in custody since 4.9.2015. There is no allegation of tampering of evidence against the petitioner. As per prosecution case, the alleged occurrence is said to have taken place in the house of Ram Nath Mahto with whom the petitioner has got nothing to do. From perusal of paras-96, 97, 98, 99, 110 and 111 of the case diary it would appear that the petitioner was not at the place of occurrence. On behalf of the State and the informant, it is submitted that petitioner is named in the F.I.R.

Patna High Court Cr.Misc. No.50075 of 2015 (2) dt.10-11-2015 2 / 2 Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Lauria P.S. Case no. 96 of 2015.

(Sudhir Singh, J) sudip/- U T