Patna High CourtCR. MISC./30536/2014bail granted

Kamdeo Yadav v. The State Of Bihar

2015-01-09Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30536 of 2014 Arising Out of PS.Case No. -136 Year- 2009 Thana -KATORIA District- BANKA ====================================================== Kamdeo Yadav, Son of Mahendra Yadav, Resident of Village - Bandri, P.S.- Katoria, District - Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-01-2015 Heard both sides.

The petitioner seeks regular bail in Katoria (Suiya) P.S. Case No. 136 of 2009 for the offence under Section 302 and other sections of the Indian Penal Code.

Gulchand Yadav alleged that he was ploughing his land and Mahendra Yadav, his cousin, was also in his own land, situated by the side of the land of the informant. The informant alleged that some altercation took place amongst them. The informant alleged that Mahendra Yadav caught his father Basuki Yadav. The petitioner Kamdeo Yadav assaulted Basuki Yadav (the father of the informant) with lathi and Mahendra Yadav assaulted Basuki Yadav with Farsa on his head and left leg. Shankar Yadav assaulted his father with iron rod on head and left hand as a result of which the hand of his father was broken.

Patna High Court Cr.Misc. No.30536 of 2014 (4) dt.09-01-2015 2/2 Thereafter, Draupadi Devi also assaulted his father. On the next day, while the informant was taking his father to hospital, his father succumbed to his injuries.

It appears that the only allegation against the petitioner is that he caught the father of the informant, who was assaulted by Mahendra Yadav, Shankar Yadav and Draupadi Devi. The petitioner is in jail since 28.03.2014. Considering the facts aforesaid, the petitioner, named above, is directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Banka in S. Tr. No. 325 of 2014, arising out of Katoria (Suiya) P.S. Case No. 136 of 2009.

(Prabhat Kumar Jha, J) Dilip/- U T