Pinku Yadav @ Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7273 of 2017 Arising Out of PS.Case No. -69 Year- 2016 Thana -DHANARUA District- PATNA ====================================================== Pinku Yadav @ Jitendra Kumar, aged about 21 years, Son of Bijendra Yadav, Resident of Village- Oriara, P.S.- Dhanarua, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Uday Kumar Singh For the Opposite Party/s : Mr. Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-03-2017 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302 of the Indian Penal Code.

Allegation against the petitioner is that he assaulted with lathi to the father of the informant, as a result whereof he died subsequently. The petitioner is in custody since 3.4.2016. Submission of the petitioner is that the petitioner had earlier moved this Court for bail in Cr. Misc. No. 52177 of 2016 which was dismissed as withdrawn on 8.12.2016 with a liberty to the petitioner to file fresh application after framing of the charges. Charges have already been framed.

The learned counsel for the informant opposed the prayer for bail on the ground that there is direct allegation against the petitioner and the prosecution evidence is going on. Considering the nature of allegation and the period already undergone, let the petitioner, above named, be released on

Patna High Court Cr.Misc. No.7273 of 2017 (2) dt.15-03-2017 2/2 bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, VIth, Patna in connection with S.Tr. No. 700 of 2016 arising out of Dhanarua P.S. Case No. 69 of 2016, subject to condition that the petitioner shall co-operate in early conclusion of the trial, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) BTiwary/- U T