Sadhu Yadav Alias Bheem Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38311 of 2020 Arising Out of PS. Case No.-255 Year-2019 Thana- BELAGANJ District- Gaya ====================================================== Sadhu Yadav @ Bheem Yadav S/O Late Rameshwar Yadav R/O Village - Narayanpur, P.S. - Belaganj, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha,Adv For the Opposite Party/s :

Mr.Arun Kumar Singh No.5, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-03-2021 Heard the parties.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 149, 447, 341, 323, 307, 302, 504 of the Indian Penal Code.

For trivial dispute and at the spur of moment, an occurrence of assault allegedly took place wherein the petitioner caused injury with Lathi at the head of father of the informant. Others also caused injury to the father of the informant, as a result whereof, he died during course of treatment. The Doctor had found four abrasions and bruise on the scalp. Three were simple in nature and 4th was dangerous to life. The cause of death found due to injury at the right side of forehead.

Patna High Court CR. MISC. No.38311 of 2020(3) dt.24-03-2021 2/3 Learned counsel for the petitioner submits that petitioner is in custody since 20.01.2020. The act alleged does not constitute the ingredient of intentional death, moreover it is not specific as to injury caused by which of the four accused was reason of death. Petitioner has got no criminal antecedent. Investigation of the case is already complete.

Learned counsel for the informant vehemently opposed the prayer for bail considering the allegation made in the FIR and submits that the trial has already started. Considering the nature of allegation and period already undergone by the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Belaganj Police Station Case No.255 of 2019 with following conditions:

(a) Both the bailors shall be resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the

Patna High Court CR. MISC. No.38311 of 2020(3) dt.24-03-2021 3/3 trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Nitesh/- U T