Gurudyal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41024 of 2019 Arising Out of PS. Case No.-89 Year-2019 Thana- SONO District- Jamui ====================================================== GURUDYAL YADAV S/o Late Jagdish Yadav R/o vill- Agahra, P.S.- Sono, Dist.- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-07-2019 Heard the learned counsel for the petitioner, informant and the learned A.P.P. for the State.

The petitioner seeks bail in Sono P.S. Case No. 89/2019, instituted for offence under Section(s) 302/34 of the Indian Penal Code.

It is alleged in the written report that while brother of informant was going to coaching institute, this petitioner along with seven other named accused persons assaulted him with bricks and stones causing him injury. Informant got information and went to the place of occurrence and took his brother in Primary Health Centre, Sono, from where he was taken to Patna where he was declared dead.

Learned counsel for the petitioner has filed supplementary affidavit enclosing therewith post-mortem report, wherein doctor has opined cause of death due to excessive loss

Patna High Court CR. MISC. No.41024 of 2019(2) dt.09-07-2019 2/2 of blood and head injury.

Learned counsel for the petitioner has mentioned in Supplementary Affidavit that deceased was made accused in a case vide Sono P.S. Case No. 92/2019, instituted under Section 376/511 of the Indian Penal Code. Copy of post-mortem report and F.I.R. of Sono P.S. Case No. 92/2019 have been enclosed as Annexure 2, 2/a to the Supplementary Affidavit. There is no allegation of specific overt act against this petitioner in the written report.

Petitioner is in custody since 27.03.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Jamui, in connection with Sono P.S. Case No. 89/2019, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T