Ravi Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 28647 of 2021 Arising Out of PS. Case No.-127 Year-2020 Thana- JAGDISHPUR District- Bhojpur ====================================================== RAVI KUMAR YADAV Son of Vinod Yadav Resident of Village- Barki Hardiya, P.S.- Jagdishpur, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-12-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection with Jagdishpur P.S. Case no. 127 of 2020 Corresponding to Sessions trial no. 10 of 2021 registered for the offence punishable under sections 147, 148, 149, 341, 323, 504, 307 and 302 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is in custody since 19.9.2020, is person with clean antecedent and charge sheet has been submitted. Learned counsel submits that petitioner is young boy aged about 21 years. Learned counsel for the petitioner further submits that from perusal of the allegation as alleged in the FIR, it would manifest that this petitioner along with Bijendra Kumar Yadav assaulted on head of father of the informant by iron rod and

Patna High Court CR. MISC. No. 28647 of 2021(3) dt.23-12-2021 2/2 blow was repeated, further his father died on way to hospital. Learned counsel submits that though allegation of assault by this petitioner and Bijendra Kumar Yadav on head of father of the informant and FIR specifically records that blow was repeated but from injury report it would manifest that no external injury has been found though cause of death is said to be because of head injury. Learned counsel submits that if father of the informant would have been assaulted in the manner as alleged in the FIR then external injury would have been caused but it seems that father of the informant during scuffle fell on the ground and died because of head injury.

Learned APP opposes the prayer for bail.

Considering the facts that petitioner is in jail custody, is person with clean antecedent and is young boy of 21 years, the petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge XV, Bhojpur at Ara in Sessions trial no. 10 of 2021 arising out of Jagdishpur P.S. Case no. 127 of 2020.

(Satyavrat Verma, J) s.hassan/- U T