Jawahir Yadav @ Jahawar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43315 of 2019 Arising Out of PS. Case No.-278 Year-2018 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Jawahir Yadav @ Jahawar Yadav Son of Ghumari Yadav Resident of Village - Dhodhwaliya, P.S.- Kuchaikot, District - Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N. K. Agrawal, Sr. Advocate.
Mr.Dhananjaya Nath Tiwari For the Opposite Party/s :
Mr.Sanjay Kumar For the informant : Mr. Satyendra Rai, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-07-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Sections 341, 323, 325, 307, 302/34 of the Indian Penal Code. The prosecution case in brief is that the accused persons having Lathi, Danda in their hands came at the door of the informant and started assaulting Indrasan Yadav, as as result of which, Indrasan Yadav sustained injuries. He was brought for treatment, where doctor declared him dead. Allegedly, the petitioner having picked up said Indrasan Yadav, threw on the ground.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The
Patna High Court CR. MISC. No.43315 of 2019(2) dt.15-07-2019 2/2 petitioner is in custody since 02-03-2019. Charge sheet has already been submitted. As per FIR, the petitioner is said to have given a push to the deceased and the other accused are alleged to have pressed the neck of the deceased. According to postmortem report, there is swelling over the right eyebrow. The cause of death has not been ascertained. In the present case, the viscera has not been sent for chemical analysis. Allegation made in the FIR is not corroborated by the postmortem report. The other co-accused with similar allegation have been granted bail by coordinate benches of this court vide Annexures- 2 & 3 to this application.
On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Gopalganj in connection with Kuchaikot P.S. Case No. 278 of 2018. (Sudhir Singh, J) A.K.V.//- U T