Shambhu Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.7282 of 2015 (3) dt.20-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7282 of 2015 Arising Out of PS.Case No. -63 Year- 2014 Thana -GAMAHARIYA District- MADHEPURA ======================================================

1. Shambhu Yadav son of Jallo Yadav @ Jay Narayan Yadav resident of Village- Chiknifulkaha, Police Station- Gamaharia, District - Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Satyendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-04-2015 Heard the parties.

Petitioner seeks bail in Gamharia P.S.Case No.63 of 2014 registered under Sections 307 and other sections of the IPC. Later on, Section 302 IPC was added.

The petitioner is alleged to have assaulted Satya Narayan Yadav. It is submitted that there is case and counter case and it was not possible to identify the assailant in the torch light as to who assaulted whom. There is specific allegation that petitioner assaulted Satya Narayan Yadav with farsa on his head and Satya Narayan Yadav fell down after becoming unconscious. Later on he died on account of injury caused by the petitioner.

Considering the facts aforesaid, the prayer for bail is rejected at this stage.

(Prabhat Kumar Jha, J) ahk/- U T