Kailu @ Kailash Yadav @ Ranjan Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.28825 of 2016 (5) dt.06-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28825 of 2016 Arising Out of PS.Case No. -56 Year- 2012 Thana -JAMUI District- JAMUI ====================================================== Kailu alias Kailash Yadav alias Ranjan Yadav, son of Sri Garib Yadav, resident of Village- Amarath, P.S- + District- Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prakash Mahto, Advocate For the Opposite Party/s : Mr. Md. Ansarul Haque, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 323, 307 and 504 of the I.P.C. Later on, Section 302 of the I.P.C. was also added. The prosecution story, in brief, is that on the alleged date and time of occurrence while the informant was going to Amrath from his village for attending Kauwali and his motorcycle dashed one person, who abused him. Then 10-15 persons came and accused Hulas Mahto, Garib Yadav, Ramdhani Mahto and Mahendra Mahto starting assaulting his brother Kamran and Dilshad by iron rod, bricks and stones. The informant brought them Jamui Hospital, from where Md. Kamran was referred to Patna for better treatment. During course of treatment Md.

Patna High Court Cr.Misc. No.28825 of 2016 (5) dt.06-09-2016 Kamran has died.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.5.2016 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. In course of investigation it has come that the petitioner was also a member of unlawful assembly. No overt act has been alleged against the petitioner.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named 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 Chief Judicial Magistrate, Jamui in connection with Jamui P.S. case No.56 of 2012.

(Sudhir Singh, J) Narendra/- U T