Yadolal Ram @ Jadolal Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50943 of 2015 Arising Out of PS.Case No. -83 Year- 2014 Thana -GOVINDGANJ DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Yadolal Ram @ Jadolal Ram, Son of Late Dhanraj Hazra Resident of Village - Khajuriya, P.S. Govindganj, District - East Champaran, Motihari .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. D.P.Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with Govindganj P.S. Case No.83 of 2014 registered under Sections 341, 323 and 302/34 of the I.P.C.

The prosecution case is that on 13.06.2014 Chandan Kumar, nephew of the informant, was accompanied by Raju Kumar, son of the petitioner and one Sanjay Kumar on motorcycle on the pretext to play the cricket. In the evening, informant received information to the effect that Chandan Kumar has been assaulted by fists, slaps and sticks by the petitioner and 5 others named in the F.I.R. The informant and other villagers rushed there and on seeing them, the accused persons fled away. While

Patna High Court Cr.Misc. No.50943 of 2015 (3) dt.09-02-2016 2/2 Chandan Kumar was taken to Hospital for treatment but he died on the way.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that Raju Kumar, son of the petitioner and one Sanjay Kumar called the deceased in the morning for playing the cricket and in the evening, the informant received information about causing injury. In fact, petitioner, who is an employee of BMP being father of co-accused Raju Kumar, has been falsely implicated in this case. It would also appear from the statement of the other witnesses that none of the witnesses has seen the occurrence of causing assault. Further, submission is that petitioner is in custody since 02.06.2015 and charge-sheet has already been submitted in this case against the petitioner. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Sadar, East Champaran, Motihari in connection with Govindganj P.S. Case No.84 of 2014.

(Rajendra Kumar Mishra, J) Shail/- U T