Pradeep Yadav @ Doctor v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30994 of 2015 Arising Out of PS.Case No. -57 Year- 2014 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Pradeep Yadav @ Doctor S/o Ramchandra Yadav Resident of village - Uttari Telua Dera Tola, P.S. Nautan, District - West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Nawal Kishore Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-08-2015 Heard the learned counsel for the petitioner, the learned Additional Public Prosecutor and the learned counsel for the informant.

The petitioner seeks bail in a case under Section 302 and other sections of the Indian Penal Code.

Ramchandra Yadav is alleged to have assaulted Manager Yadav with Farsa on his head. Thereafter, Pradeep Yadav @ Doctor, the petitioner, Lutan Yadav and Lakshan Yadav are alleged to have indiscriminately assaulted the deceased with Lathi on his head. The doctor found only one lacerated wound on the head of the deceased and the head injury is the cause of the death of the deceased.

Patna High Court Cr.Misc. No.30994 of 2015 (2) dt.17-08-2015 2/2 It is submitted that Lutan Yadav has already been enlarged on bail. The petitioner is rotting in jail for about one year and the case of the petitioner stands on the same footing. The learned counsel for the informant as well as the learned Additional Public Prosecutor vehemently opposed the prayer for bail.

It appears that firstly Ramchandra Yadav assaulted the deceased thereafter three other accused persons, including the petitioner, are said to have assaulted the deceased with Lathi but only one injury is found on the head of the deceased. Lutan Yadav, whose case stands on same footing as that of the petitioner, has already been enlarged on bail.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged 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 6th Additional Sessions Judge, Bettiah, West Champaran in Sessions Trial No. 186/2015 arising out of Nautan P.S. Case No. 57/2014. (Prabhat Kumar Jha, J) BKS/- U T