Yogendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30370 of 2016 Arising Out of PS.Case No. -45 Year- 2016 Thana -PALASI District- ARRARIA ======================================================

1. Yogendra Sah Son of Janak Lal Sah resident of Village- Chouri, Police Station-Palasi, District-Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. (Dr.) Amrendra Kumar Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Sri Ahmad Ali ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-11-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Palasi P.S. Case No. 45 of 2016 registered for the offences punishable under Sections 302/34 of the Indian Penal Code. Diary in this case was called for earlier, which has, since been received.

Learned counsel for the petitioner submits that the though an allegation has been made that the father of the informant was dragged to the house of the petitioner and four other accused persons dumped him causing injuries which led to his death, the post-mortem report does not indicate any external injury. Moreover, the allegation of the petitioner is merely of taking the deceased to his doorstep and the charge of assault is on others.

Patna High Court Cr.Misc. No.30370 of 2016 (3) dt.11-11-2016 P2/2 Learned counsel for the State after perusal of the case dairy submits that there is no external injury on the person of the deceased. The post-mortem report also does not reveal that there was any external injury and the viscera has been sent for forensic examination.

Considering the fact that no external/internal injury has been found on the person of the deceased which belies the prosecution story, let the petitioner abovenamed, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Araria in connection with Palasi P.S. Case No. 45/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T