Daddan Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.35276 of 2015 (3) dt.08-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35276 of 2015 Arising Out of PS.Case No. -321 Year- 2013 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ======================================================

1. Gopal Mallah son of Gora Mallah @ Ramdeo Mallah

2. Gora @ Gora Mallah @ Ramdeo Mallah son of Late Kumar Mallah Both residents of village - Gijwahi, Post - Karbandia, P.S. - Sasaram (M), District - Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.42160 of 2015 Arising Out of PS.Case No. -321 Year- 2013 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ======================================================

1. Daddan Yadav Son of Basisth Yadav Resident of village - Gojwahi, P.S. Sasaram, District - Rohtas .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.35276 of 2015) For the Petitioner/s : Mr. Siddharth Harsh For the Opposite Party/s : Mr. Ataur Rahman(App) (In Cr.Misc. No.42160 of 2015) For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : Mr. M.Rab(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 08.12.2015 Both the above stated petitions arise out of Sasaram (M) P.S. Case no. 321/2013 registered under section 302/34 of the Indian Penal Code and accordingly, both the above stated petitions are being disposed of by this common order.

Patna High Court Cr.Misc. No.35276 of 2015 (3) dt.08-12-2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Altogether eight persons are named in the first information report and there is allegation that all the aforesaid eight persons assaulted the deceased by means of lathi and danta. The post mortem report of the deceased shows that only three injuries were found on his person said to be caused by hard and blunt substance. From perusal of entire case diary it is not clear who was author of fatal injury of the deceased and moreover, having more or less similar allegation co-accused Suresh Yadav, Chhote Yadav, Rajendra Mallah and Arun Mallah have already been granted privilege of bail by different benches of this court.

Accordingly, petitioners are directed to be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas in Sasaram (M) P.S. Case no. 321/2013. shahid (Hemant Kumar Srivastava,J) U T