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Patna High CourtCR. MISC./30919/2017dismissed

Sadanand Yadav And ANR v. The State Of Bihar

2017-07-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30919 of 2017 Arising Out of PS.Case No. -15 Year- 2017 Thana -AMARPUR District- BANKA ======================================================

1. Sadanand Yadav son of Maheshwari Yadav

2. Tuntun Yadav son of Maheshwari Yadav Both are residents of Village : Kaitha, PS. : - Fullidumar, District : Banka. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amrendra Kumar Jha For the Informant :

Mr. Rajiv Kumar Singh For the Opposite Party/s : Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-07-2017 Heard the parties.

This application is for grant of regular bail in connection with Amarpur (Fullidumar) P.S.Case No.15 of 2017 (G.R.No.134 of 2017) for the offences punishable under Sections 341, 323, 307, 447, 379 and 504/34 and added Section 302 of the Indian Penal Code.

Allegation against the petitioners is of causing injury to the deceased due to which he succumbed injuries. Submission of the learned counsel for the petitioner is that there is contradiction between the statement of the informant in the F.I.R. and the statement recorded later on in the Hospital, as he has not specifically named these petitioners as assailants and

Patna High Court Cr.Misc. No.30919 of 2017 (3) dt.26-07-2017 2/2 now they are in custody for more than five months. They have clean antecedent.

Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail stating that the deceased prior to death has made statement alleging these petitioners for causing injury to him..

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner, as such the prayer for bail of the petitioner is rejected and the learned trial court is directed to expedite the trial With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T