Mun Chun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33905 of 2016 Arising Out of PS.Case No. -28 Year- 2016 Thana -SAKRI District- MADHUBANI ====================================================== Mun Chun Yadav Son of late Sukh Deo Yadav Resident of VillageBhawanipur, P.S. Sakari, District Madhubani. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Mujtabaul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

The deceased was a drunkard and in course of investigation, except one witness, almost all the witnesses stated that they heard about the alleged occurrence and so far as so-called eye witness, whose statement has been recorded at para-10 of the case diary is concerned, the said witness stated that an altercation took place between deceased and petitioner on the point of payment of cost of the wine and in that course, petitioner assaulted the deceased with stone. The police after investigation submitted

Patna High Court Cr.Misc. No.33905 of 2016 (3) dt.22-10-2016 2/2 charge sheet under Section 304 of the Indian Penal Code. Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that petitioner does not have any criminal antecedent, let the petitioner 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 Chief Judicial Magistrate, Madhubani in connection with Sakari P.S. Case No. 28 of 2016. (Hemant Kumar Srivastava, J) SHAHZAD/- U T