Raj Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24002 of 2015 Arising Out of PS.Case No. -620 Year- 2014 Thana -NAWADA District- NAWADA ======================================================
1. Raj Kumar Yadav Son of Shivshankar Prasad Resident of village - Mirjapur Bighapar, Police Station - Nawada, District - Nawada .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raghwendra Kumar For the Opposite Party/s : Mr. Rana Randhir Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-09-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is languishing in custody since 24.12.2014 for the offences instituted under Sections 302/34 of the Indian Penal Code.
The prosecution story, in brief, is that on 25.09.2014 at about 05:00 p.m. small children were playing cricket on the land adjacent to the house of the informant then the deceased brother of the informant, namely, Manoj Kumar protested to play cricket three. In the meantime, Raj Kumar Yadav, Ranjeet Yadav and the wife of Raj Kumar Yadav stared assaulting the informant's brother and the petitioner Raj Kumar Yadav and co-accused Ranjeet Yadav armed with iron-rod and Khanti respectively assaulted brutally to the informant's brother and the wife of Raj Kumar Yadav was telling to kill the deceased and thereafter the wife of
Patna High Court Cr.Misc. No.24002 of 2015 (3) dt.02-09-2015 P2/2 Raj Kumar Yadav assaulted the deceased brutally with the bat on his leg and chest after fall and the deceased was carried for treatment and referred to Patna Medical College and Hospital, Patna where he died.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. It is submitted that the alleged occurrence is said taken place on 25.09.2014 but the case has been instituted on 27.09.2014, after a gap of two days for which no explanation has been made on behalf of the prosecution. The weapon which is said to have been used in course of occurrence is cricket bat. Hence, offence under Section 302 is attracted.
On behalf of the State it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let 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 Chief Judicial Magistrate, Nawada the learned in connection with Nawada Town P.S. Case No. 620 of 2014.
(Sudhir Singh, J) Saif/- U