Patna High CourtCR. MISC./10183/2016bail granted

Balister Yadav v. The State Of Bihar

2016-03-03Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10183 of 2016 Arising Out of PS.Case No. -505 Year- 2015 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Balister Yadav Son of Shri Kamal Yadav, Resident of Village - Birwan, Police Station - Majhauliya, District - West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Nand Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner and 17 other accused are named in the first information report and it is the case of the prosecution that FIR named accused, Rama Yadav caused Bhala injury on the head of deceased and after that, this petitioner, too, assaulted the deceased by means of Bhala, causing injury on his head. Furthermore, it would appear from perusal of the record that all the accused persons assaulted the deceased by means of different weapons and they, too, assaulted the injured persons of this case. The postmortem report has been annexed as Annexured-2 to the petition and the said postmortem report

Patna High Court Cr.Misc. No.10183 of 2016 (2) dt.03-03-2016 reveals that only one injury was found on the scalp of the deceased though some other injuries were found on different parts of body of the deceased. Moreover, the doctor opined that the immediate cause of death was cardiac arrest. The alleged occurrence alleged to have taken place on account of land dispute and there was serious litigation between the parties, prior to the alleged occurrence. Petitioner is in jail custody since 04-01-2016. Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Majhauliya P.S. Case No. 505 of 2015 to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran.

(Hemant Kumar Srivastava, J) A.K.V./- U T