Patna High CourtCR. MISC./40582/2017disposed

Yogeshwar Yadav @ Yugeshwar Yadav v. The State Of Bihar

2017-09-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40582 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -PAWNA District- BHOJPUR ======================================================

1. Yogeshwar Yadav @ Yugeshwar Yadav S/o Late Subhdeyal Yadav, Resident of Village-Khopira, P.S.-Pawna, District-Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarendra Kumar For the Opposite Party/s : Mr. Ajit Kumar For the informant : Mr. Prashant Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2017 The petitioner seeks regular bail in connection with Pawna P.S. Case No. 13 of 2017, registered for offences punishable under Sections 147, 148, 149, 323, 337, 379 and 302 of the Indian Penal Code.

Allegation against the petitioner and other accused persons is of assault to the deceased causing his death. It has been submitted on behalf of the petitioner that though it has been alleged that petitioner assaulted the deceased by means of lathi, however, there is allegation against five other accused persons is of assault but post mortem report shows only one injury on the persons of the deceased. Further petitioner has been in custody for last five months.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.40582 of 2017 (2) dt.04-09-2017 2/2 Having heard both sides, considering the facts and circumstances of the case this application is disposed of with direction to the court below to examine the post mortem report and ascertain the exact cause of death and further to examine the injury caused to the deceased by the assault made by the petitioner and if it is found that the death was not caused due to assault by the petitioner, he shall release the petitioner on bail to his own satisfaction, otherwise he is free to pass any order as he deems fit and proper.

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