Shyam Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25799 of 2018 Arising Out of PS. Case No.-235 Year-2017 Thana- BAHERA District- Darbhanga ====================================================== Shyam Yadav S/o Late Ram Prakash Yadav, R/o Vill.- Radhiya, P.S.- Bahera, District- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Girish Chandra Jha For the Opposite Party/s :
Mr. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-07-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Bahera P.S. Case No. 235 of 2017, registered for the offence punishable under Sections 447, 341, 323, 324, 307, 379, 504, 302 and 34 of the Indian Penal Code.
The allegation is regarding the petitioner herein having assaulted the father of the informant on the head by an iron-rod apart from other accused person having assaulted the father of the informant which ultimately resulted in the death of the father of the informant.
The learned counsel for the petitioner submits that there is contradictory statement of the witnesses regarding the assault by the petitioner herein. The petitioner is stated to be
Patna High Court Cr.Misc. No.25799 of 2018(3) dt.06-07-2018 2/2 languishing in custody since 04.12.2017.
Per contra, the learned counsel for the informant has submitted that there is specific allegation of assault which stands corroborated by the medical evidence and only conclusion which can be drawn is that the petitioner is responsible for causing the death of the father of the informant. Having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. Accordingly, the present petition is dismissed.
(Mohit Kumar Shah, J) ajay gupta/- U T