Karu Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12340 of 2019 Arising Out of PS. Case No.-278 Year-2017 Thana- SHERGHATI District- Gaya ====================================================== 1.

Karu Yadav Son of Sukhari Yadav 2.

Rambali Yadav Son of Karu Yadav Both are Resident of Village - Beldih, P.S.-Sherghatti, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2, Adv For the Opposite Party/s :

Mr.Md. Aslam Ansari,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-05-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offences punishable under Sections 147,148,149,325,307 and 302 of the Indian Penal Code.

5 named person including the petitioners and 4 to 5 unknown bitterly assaulted with various weapons to the father of the informant in presence of the informant, as a result whereof, father of the informant died. The postmortem report would reveal that the Doctor found a lacerated wound at the posterior parietal scalp. Besides the aforesaid two lacerations were found at the forearm and elbow and one laceration at the left leg another at middle thigh of right leg. Contusions were

Patna High Court CR. MISC. No.12340 of 2019(3) dt.07-05-2019 2/2 one at occipital scalp and the remaining two at left thigh and right hand.

Submission is that head injury was cause of death and it is not specific as to who had assaulted at the head of the deceased. Petitioners were allegedly carrying sword and Garassa, however, no such injury was found by the Doctor. Petitioners are in custody since 01.06.2017. Investigation of the case is already complete.

Let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sessions Trial No.98 of 2017/571 of 2017 arising out of Sherghatti Police Station Case No.278 of 2017, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioners shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Nitesh/- U T