Hulash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11964 of 2018 Arising Out of PS.Case No. -126 Year- 2016 Thana -KURSELA District- KATIHAR ====================================================== Hulash Yadav, Son of Nago Yadav, Resident of Village Madheli Jarlahi, P.S.- Kursela, District- Katihar.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 09-04-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Kursela P.S.Case No. 126 of 2016 registered under Sections 302/120B/34 of the Indian penal Code.

Allegation in brief is that while informant' husband was coming back to his home along with some others then accused persons restrained them and started assaulting her husband thereafter sound of firing was heard and when she reached there found her husband dead.

Submission is that there is general and omnibus allegation of assault against the petitioner however informant is not the eye witness and cause of death of the deceased is asphyxia due to drawing and no firearm injury was found on the person of the dead body.

Patna High Court Cr.Misc. No.11964 of 2018 (3) dt.09-04-2018 2/2 Having considered the aforesaid facts and circumstances, the petitioner, namely, Hulash Yadav, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Katihar in connection with Kursela P.S. Case No. 126 of 2016. (Arun Kumar, J) Sujit/- U T