Murari Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48137 of 2019 Arising Out of PS. Case No.-302 Year-2018 Thana- PARBATTA District- Khagaria ====================================================== MURARI YADAV Son of Late Lucho Yadav Resident of Village- Araria, P.S.- Parbatta (Maraiya), District- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar Singh For the Opposite Party/s :
Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Supplementary Parbata (Maraiya) P.S. Case No.302 of 2018 registered under Sections 147, 148, 149, 341, 307 and 302 of the Indian Penal Code.
The accusation is that on 15.08.2018, while the informant Babloo Yadav along with his father Braj Kishore Yadav was coming to house on motorcycle, 11 persons, named in the F.I.R., including the petitioner intercepted them. Thereafter, Manjay Kumar assaulted the informant on his head through lathi causing bleeding injury, due to which the informant fled away from there towards his house. In the meantime, all caught hold of the father of the informant, assaulted him and committed his murder.
Patna High Court CR. MISC. No.48137 of 2019(4) dt.04-12-2019 2/2 Learned counsel appearing on behalf of the petitioner submits that while it is alleged in the F.I.R. that 11 persons, named in the F.I.R., including the petitioner assaulted Braj Kishore Yadav, the father of the informant, but, in the post-mortem examination of the father of the informant, only three external injuries were found on his person. No specific overt act is attributed to the petitioner. The petitioner has no criminal antecedent and is in custody since 15.06.2019. Further submission is that the similarly situated coaccused Deepak Yadav and Saurav Kumar alias Saurav Yadav have already been granted bail by a Bench of this Court vide order dated 09.04.2019 passed in Criminal Misc. No.80320 of 2018.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Khagaria, in connection with Supplementary Parbatta (Maraiya) P.S. Case No.302 of 2018. (Rajendra Kumar Mishra, J) P.S.