Nathu Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.28523 of 2015 (3) dt.01-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28523 of 2015 Arising Out of PS.Case No. -56 Year- 2007 Thana -PALANWA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Nathu Yadav S/o Bhikhari Yadav R/o Village - Parsauna Tapsi, P.S. - Palanwa, District - East Champaran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ram Adya Singh For the Opposite Party : Mr. Sanjay Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-10-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is apprehending his arrest in a case instituted under Sections 447, 341, 323, 302, 504/34 of the Indian Penal Code.

It is alleged by the informant that all the accused persons having lathi in their hands came to the house of Raghunath Baitha and all beaten him by lathi and he became senseless and thereafter in the way of hospital, he died. It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in the present case. In course of investigation, the allegation against the petitioner is found to be false. Police has submitted a final form against the petitioner.

Patna High Court Cr.Misc. No.28523 of 2015 (3) dt.01-10-2015 Other co-accused persons have been granted bail vide Cr.Misc.No.6415 of 2014.

On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, 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 Shri N.K.Priyadarsi, Judicial Magistrate, Ist Class, Raxaul at Motihari (East Champaran) in connection with Palanwa P.S.Case No.56 of 2007, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sudhir Singh, J) B.Kr./- U T