Suresh Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10410 of 2015 Arising Out of PS.Case No. -64 Year- 2014 Thana -MAGADH UNIVERSITY District- GAYA ======================================================

1. Suresh Yadav son of Sheo Balak Yadav

2. Dinesh Yadav son of Kuldeep Yadav

3. Kuldeep Yadav son of Sheo Balak Yadav All residents of village Pathalgarh, P.S. Magadh University, District Gaya. .... Petitioners

Versus

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

For the Petitioner/s : Mr. Durgesh Nandan, Advocate For the Opposite Party/s : Mr. S.Eheteshmuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 03-07-2015 Heard learned counsel for the parties.

Petitioners apprehend their arrest in a case under sections 302/34 IPC on the ground that they and others assaulted informant's father with Rod, Lathi, Danda etc causing his death.

The petitioners submit that the post mortem report does not show many injuries as alleged in the FIR. The State counsel states that on dissection of the scalp, congested dark blood clotting was found in the brain, the heart was also found empty.

In the facts and circumstances of the case, in the event of surrender, let petitioner no.2, Dinesh Yadav be released on bail on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of Sub Divisional

Patna High Court Cr.Misc. No.10410 of 2015 (3) dt.03-07-2015 2/2 Judicial Magistrate, Gaya in Magadh University Police station Case No. 64 of 2014.

Prayer for bail of petitioner no.1 and 3 as mentioned above is refused and are directed to surrender and seek regular bail, which would be disposed of also taking into consideration that co-accused Krishna Yadav and Akhilesh Yadav have already been enlarged on regular bail.

(Samarendra Pratap Singh, J) Shashi.

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