Gautam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 35004 of 2016 Arising out of P.S. Case No. - 24 Year - 2016 Thana - BARACHATTI District - GAYA ====================================================== Gautam Yadav, S/o Late Bindu Yadav, Resident of Village - Purna Dharhara (Bighapar), P.S. - Mohanpur, District - Gaya .... .... Petitioner

Versus

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

For the Petitioner : Mr.

For the Opposite Party : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 20.02.2016 in connection with Barachatti (Mohanpur) P.S. Case No. 24 of 2016 for the offences instituted under Sections 307, 341, 323, 504 and 506/34 of the Indian Penal Code. Later on Section 302 of the Indian Penal Code is added.

The prosecution story, in brief, is that the petitioner assaulted the father of the informant with Khanti and co-accused Kundan Kumar assaulted him with Chapra and other co-accused also assaulted him with lathi, as a result of which the father of the informant sustained injury and fell down.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.02.2016 and the charge sheet has been submitted in the present case. The petitioner has got no

Patna High Court Cr.Misc. No.35004 of 2016 (3) dt.17-10-2016 2/2 criminal antecedent. There is no allegation of tampering of the witnesses alleged against the petitioner. The date of occurrence is 23.01.2016 and the case was instituted on 27.01.2016. Delay has not been explained on behalf of the prosecution properly. Postmortem report indicates only one external injury on the head. The co-accused, namely, Kundan Kumar is said to have injury on the head as per the F.I.R.

On behalf of the State and the counsel for the informant, it is submitted that the petitioner is named in the F.I.R. and in course of investigation it has been alleged that the petitioner also assaulted the deceased.

Considering the aforesaid facts and circumstances that the deceased had only one external injury on the head which was alleged against the co-accused, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (The Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Sherghati, Gaya in connection with Barachatti (Mohanpur) P.S. Case No. 24 of 2016.

Kundan (Sudhir Singh, J) U T