Chunchun Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.24592 of 2016 (3) dt.08-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24592 of 2016 Arising Out of PS.Case No. -17 Year- 2013 Thana -TARAPUR District- MUNGER ======================================================

1. Chunchun Yadav son of Late Bannu Yadav, Resident of village- Khudia, P.S.- Tarapur, District- Munger .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s : Mr. Sanjay Kumar Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-08-2016 Heard learned counsel for the petitioner and the State. The petitioner is in custody in a case registered under Sections 147,148,149 and 302 of the Indian Penal Code. The case, in brief, is that the petitioner and other accused persons surrounded the father of the informant while he went to attend call of nature and assaulted him. The father of the informant managed to reach his house where all the accused persons also arrived and this petitioner and co-accused Dilip Yadav assaulted him with butt of pistol on the head, rest accused persons assaulted by lathi and khanti.

It is submitted on behalf of the petitioner that the petitioner is in custody since 14.03.2013.The case has been committed to the Court of Sessions. There is no allegation of

Patna High Court Cr.Misc. No.24592 of 2016 (3) dt.08-08-2016 tampering of the witnesses against the petitioner. As per FIR single blow from the butt of the pistol is said to have been given by the petitioner on the head of the deceased. In the Post Mortem Report the doctor has indicated the injury on the head to be caused by hard heavy and blunt object. It is at best a case under Section 304 IPC. There is no repetition of blow made by the petitioner nor he is said to have used the fire arm in course of the occurrence.

On behalf of the State, it is submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances of the case, let, above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, IIIrd, Munger in connection with Tarapur P.S.Case No. 17 of 2013 (S.T.No. 80 of 2014).

(Sudhir Singh, J) singh/- U T