Patna High CourtCR. MISC./35317/2016bail granted

Kashi Yadav v. The State Of Bihar

2016-10-21Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35317 of 2016 Arising Out of PS.Case No. -86 Year- 2016 Thana -ARIYARI District- SEKHPURA ======================================================

1. Kashi Yadav S/o late Badho Yadav, aged about 80 years R/o Dalhar P.S Ariari, District Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-10-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections xxxxx of the I.P.C.

Allegation is that the petitioner had caught hold of his son Sushil Yadav and thereafter his another son, namely, Phaggu Yadav assaulted him with tangi, as a result of which he died. It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.6.2016 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. No injury has been attributed against the petitioner. The petitioner is 80 years old man. The deceased happened to be his son. The other assailant is

Patna High Court Cr.Misc. No.35317 of 2016 (3) dt.21-10-2016 2/2 said to be also the son of the petitioner. The alleged occurrence is said to have taken place due to the dispute between the sons of the petitioner in respect to the property. He has been made accused due to mistake of fact. Specific allegation is against co-accused Phaggu Yadav and Pitamber Yadav.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sheikhpura in connection with Ariari P.S. case No.86 of 2016.

(Sudhir Singh, J) Narendra/- U T