Mohan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34975 of 2019 Arising Out of PS. Case No.-120 Year-2018 Thana- SONO District- Jamui ====================================================== MOHAN YADAV Son of Late Mahavir Yadav Resident of Village-Lahthara, Police Station-Sono, District-Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-08-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Sono P. S. Case No. 120 of 2018 instituted for the offence under Section(s) 147,148,149,307, 302/120B of the Indian Penal Code. In the written report it is alleged that on the date of occurrence this petitioner assaulted the father of informant with axe on his temporal region on account of which he became unconscious and fell down. Thereafter he again assaulted on the leg with axe to the father of informant. It is further alleged that when brother of informant, namely, Raju Yadav came to save his father then co-accused Pappu Yadav, Nandu Yadav and Congress Yadav assaulted his brother brutally with iron rod and lathi etc. on account of which he sustained injuries in his

Patna High Court CR. MISC. No.34975 of 2019(4) dt.08-08-2019 2/2 right hand, head as a result of which he fell down and became unconscious.

Case diary has been received, wherein, postmortem report of the deceased Govind Yadav is available. Learned APP after looking into the postmortem report submits that doctor has found injury i.e. diffuse swelling (2" x 2") on right side of forehead, bleeding from nose, bleeding from left ear and also lacerated wound ( 1" x 1⁄4" x 1⁄4") in the left ear which support the allegation against the petitioner. Cause of death has been assigned due to aforesaid injuries by hard and blunt substance.

Therefore, this Court is not inclined to grant bail to the petitioner at this stage. The prayer for bail of the petitioner stands rejected.

Trial Court is directed to expedite the trial. (Sanjay Priya, J) shyambihari/- U T