Deena Nath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50573 of 2015 Arising Out of PS.Case No. -104 Year- 2015 Thana -NAUTAN District- SIWAN ====================================================== Deena Nath Yadav Son of Late Ram Subhag Yadav, resident of Village: Narkatiya, P.S. Nawtan, District : Siwan.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate For the Opposite Party/s : Mr. Suman Kr. Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 10-11-2015 Heard the parties.

The petitioner is in custody in connection with Nautan P.S. Case No. 104 of 2015 for offence punishable under Sections 323, 341, 302 and 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

Mr. Ajay Kumar Pandey, learned counsel appearing for the petitioner with reference to the FIR has submitted that although the petitioner has been charged with assault on the deceased by lathi but the death has occurred due to fire arm injury for which allegation is directed against accused Harikesh Yadav. With reference to the impugned order he submits that the fact that death has occurred on account of firearm injury stands confirmed. Having heard learned counsel for the parties and

Patna High Court Cr.Misc. No.50573 of 2015 (2) dt.10-11-2015 considering the nature of allegation as also the fact that death is attributable to fire arm injury, let the petitioner Deena Nath Yadav 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 Chief Judicial Magistrate, Siwan in connection with Nautan P.S. Case No. 104 of 2015 subject to the condition that the petitioner would produce one local bailor who shall file an affidavit and proof as to his place of residence and who shall also be under a duty to ensure the cooperation of the petitioner in the expeditious disposal of the trial. The petitioner shall cooperate in the disposal of the trial and if for any reason the trial is delayed due to the petitioner then the court below shall be at liberty to cancel his bail bonds and take him into custody. (Jyoti Saran, J) S.Sb/- U T