Suman Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54119 of 2017 Arising Out of PS.Case No. -172 Year- 2017 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Suman Yadav Son of Shri Ramesh Yadav, R/o Village- Padrauna, P.S.- Lauriya, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner seeks bail in Lauriya P.S. Case No.172 of 2017 registered under Section 147, 148, 149, 341, 323, 307, 302 and 506 of the Indian Penal Code.

As per the prosecution case, co-accused Shambhu Yadav is said to have assaulted on the head of the deceased-Jhulan Yadav and on falling down the petitioner and other accused persons assaulted him by means of lathi and bamboo, while petitioner Suman Yadav assaulted Nibha Kumari by means of rod. It is submitted by learned counsel for the petitioner that he does not happen to be assailant of the deceased as the inquest report and the postmortem report shows only one injury on the person of the deceased i.e. on the head and the said injury is

Patna High Court Cr.Misc. No.54119 of 2017 (02) dt.13-12-2017 - 2 - opined to be cause of the death and the said injury is attributed to the Shambhu Yadav and not against the petitioner. Nibha Kumari also is said to have been assaulted by the petitioner has sustained simple injury. The petitioner has been falsely implicated in this case by the informant to save his skin from Lauriya P.S. Case No.167 of 2017. The petitioner has been languishing in custody since 28.08.2017.

On the other hand, it is submitted by learned counsel for the informant that the petitioner and other accused persons have assaulted the deceased resulting into his death. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-1st, Bettiah, West Champaran in connection with Lauriya P.S. Case No.172 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T