Patna High CourtCR. MISC./52717/2018allowed

Ghanshyam Yadav @ Ghansyam Yadav v. The State Of Bihar

2018-09-18Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52717 of 2018 Arising Out of PS.Case No. -34 Year- 2018 Thana -ASARGANJ District- MUNGER ======================================================

1. Ghanshyam Yadav @ Ghansyam Yadav son of Late Sundar Yadav, Resident of Chourgaw (Purushottam Pur), P.S. Asarganj, District- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamal Kishore Jha, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 18-09-2018 Heard learned counsel for the petitioner as well as learned APP.

Informant, the father of deceased, Binod Yadav gave his Fard-beyan alleging inter alia that on 03.05.2018 at about 3.30 PM, his co-villagers, Kundan Yadav, Chandan Yadav, Ghanshyam Yadav, Chandni Devi, Dhaniya Devi, wife of Kundan Yadav armed variously made house trespass and then all of them caught hold of Binod and on an order of Chanshyam Yadav (petitioner) Kundan and Chandan assaulted him with Khanti as well as rod over his head as a result of which, he sustained injury and fell down. Informant along with his wife and daughter-in-law came in rescue and during course thereof, they were also assaulted. Then thereafter, Rs. 1200/- was snatched away from his wife by Dhaniya Devi, Chandni Devi snatched away ear-ring as well as

Patna High Court Cr.Misc. No.52717 of 2018 (3) dt.18-09-2018 golden chain.

From the postmortem report, it is evident that deceased had single injury over his head 2" x 1/2" x bone deep which proved fatal on account of fracture of internal organ. So far Sunita Devi and Vijay Yadav are concerned, they have sustained simple injury.

That being so, petitioner, Ghanshyam Yadav @ Ghansyam Yadav is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Munger in Asarganj PS Case No. 34/2018.

(Aditya Kumar Trivedi, J) perwez U T