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Patna High CourtCR. MISC./20121/2017bail granted

Lav Kumar @ Pappu Yadav v. The State Of Bihar

2017-08-19Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20121 of 2017 Arising Out of PS.Case No. -11 Year- 2017 Thana -BIHTA District- PATNA ======================================================

1. Lav Kumar @ Pappu Yadav son of Late Ram Singhasan Yadav resident of Village : Dayalpur, P.S. : Bihta, District : Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in a case instituted for the offences under Sections 302/34 of the Indian Penal Code.

Allegation has been made that there was a dispute with respect to Rasta. The informant has objected whereupon there was exchange of abuse between the parties and on the fateful day i.e. on 13.1.2017 Sanjay Yadav and petitioner assaulted his mother. Again on 14.1.2017 while his father was coming after natural call, Sanjay Yadav, Lav Kumar, Vikash Kumar and Yogesh Kumar assaulted his father with lathi and danda. Thereafter he fell down and became unconscious and while he

Patna High Court Cr.Misc. No.20121 of 2017 (4) dt.19-08-2017 was taken to Hospital in the way he succumbed to the injury. Learned counsel for the petitioner submits that the police has not found any internal injury on his body and post mortem report itself indicates that petitioner was suffering from chronic cardiac disease and death is caused due to chronic disease. Looking to the facts and circumstances of the case, in the event of arrest or surrender within four weeks from today, let petitioners, namely, Lav Kumar alias Pappu Yadav, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Danapur in connection with Bihta P.S. Case No.11 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Shivaji Pandey, J) Vinay/- U T