Rabindra Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No 36934 of 2017 Arising Out of PS.Case No. -79 Year- 2017 Thana -BARHARIA District- SIWAN ======================================================
1. Rabindra Yadav, Son of Late Lalan Yadav.
2. Sami Yadav, Son of late Paras Yadav, Both are residents of VillageSiyari Karn, Police Station- Barharia, District- Siwan. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr Ajay Kumar Tiwary, Advocate For the S t a t e :
====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 10-08-2017 Heard learned counsel for the petitioners. No one appears for the State.
Petitioners seek bail in a case registered under Sections 147, 148, 149, 323, 325, 337, 338, 307 and 302 of Indian Penal Code.
Allegation made in the first information report is with regard to some persons coming to the door of the informant's house for drinking alcohol. On objection raised by the informant, an altercation ensued wherein father of the informant was assaulted. While being taken for treatment, the father of the informant succumbed to his injuries. It is submitted by the counsel for the petitioners that the post mortem report suggests
Patna High Court Cr.Misc. No.36934 of 2017 (2) dt.10-08-2017 2/2 cause of death on account of injury inflicted on head which cannot be attributable to either of the two petitioners. The petitioners have clean antecedent and the chargesheet has already been submitted and, therefore, there is no chance of tampering with the evidence. Petitioners also bring on record the order dated 14.07.2017 passed in Cr Misc No 27088 of 2017 wherein three other co-accused, who are similarly situated, have been granted bail by this Court.
Considering the aforesaid submissions, petitioners' prayer for bail is allowed. Let the petitioners above named be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in Barharia Police Station Case No 79 of 2017.
(Madhuresh Prasad, J) M.E.H./- U T