Dhanji Yadav @ Dhanjee Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27240 of 2021 Arising Out of PS. Case No.-164 Year-2020 Thana- SIMRI District- Buxar ====================================================== DHANJI YADAV @ DHANJEE YADAV Son of Juman Yadav Resident of Village - Rajapur (Benilal Ke Dera), P.s.- Simari (Dera O.P.), Distt.- Buxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar Pradhan For the Opposite Party/s :
Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-10-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 147, 148, 302 of the Indian Penal Code.
As per the prosecution case, on 01.06.2020 at 8 AM this petitioner along with Ramashankar Yadav were digging soil in front of the house of the informant. In the meantime, father of the informant came and made protest upon which this petitioner is alleged to have assaulted the father of informant with Lathi on his head as a result of which he died.
Learned counsel appearing for the petitioner submits that the occurrence took place all of a sudden in spur of the moment and there was no repetition of blow which suggests that there was no motive to kill. Petitioner is in custody since
Patna High Court CR. MISC. No.27240 of 2021(5) dt.22-10-2021 2/2 02.06.2020 and investigation in this case is complete. Learned counsel appearing for the State opposes the prayer for bail and submits that there is specific allegation against this petitioner that he caused injury with Lathi on the head of father of informant and the doctor found that death is caused due to head injury.
Considering the facts of the case and the nature of accusation made against this petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T