Kali Charan Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19133 of 2016 Arising Out of PS.Case No. -41 Year- 2015 Thana -ASARGANJ District- MUNGER ======================================================

1. Kali Charan Yadav,

2. Labu Yadav,

3. Vikash Yadav, All are sons of Brahamdeo Yadav, resident of villageMasudanpur, Police Station - Asarganj, District - Munger. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Shivendra Kumar Sinha For the Opposite Party/s : Mr. Ashok Kr.Singh No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-06-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners are accused in connection with Asarganj P.S. Case No. 41 of 2015, registered under Section 447, 147, 148, 341, 342, 323, 337, 302 and 504 of the Indian Penal Code.

The accusation is that on 31.05.2015 Rahul Kumar was seen by the informant and his family members pelting stones at his house in presence of his mother Abhisekha Devi. When he made compliant then they moved saying for dire consequences. Thereafter, six persons, including the petitioner, entered in the house of the informant armed with lathi

Patna High Court Cr.Misc. No.19133 of 2016 (3) dt.29-06-2016 2/2 and started assaulting while the informant fled away, but his father Gauri Yadav was assaulted by them, when he was rushed to hospital he was declared dead.

Learned counsel for the petitioners submits that, in fact, petitioners have falsely been implicated in this case due to grudge and enmity. Further submission is that, in fact, deceased father of the informant fell down in course of tied the cattle and sustained injuries at his forehead, nose and near eyebrow but due to ulterior motive, the petitioners and others have falsely been implicated in this case, which would appear from the postmortem of the deceased. The petitioners having no criminal antecedent are in custody since 28.11.2015 and 26.01.2016, respectively.

Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Munger in connection with Asarganj P.S. Case No.41 of 2015. (Rajendra Kumar Mishra, J) manish/- U T