Uday Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57007 of 2019 Arising Out of PS. Case No.-74 Year-2019 Thana- BIND District- Nalanda ====================================================== UDAY YADAV Son of Ram Nandan Yadav Resident of Village- Lodipur, P.S.- Bind, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Sujata Sinha For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Bind P.S. Case No.74 of 2019 registered under Sections 302 and 307/34 of the Indian Penal Code.

The accusation is that on hearing "Hullah", the informant came out of his house and saw that Uday Yadav (petitioner), Ram Kuma Yadav and Ram Nandan Yadav having Kari of palm tree in their hand were causing assault to his father. When the wife of the informant rushed to save him, then she was also assaulted by them. At that time, when the father of the informant after sustaining injury fell down having become unconscious, then, Gulbi Devi, Beauty Devi and Ruby Devi started to cause assault to the father of the informant through lathi and danda. While the father of the informant

Patna High Court CR. MISC. No.57007 of 2019(3) dt.04-12-2019 2/2 was rushed for treatment at Primary Health Centre, Bind, but he was declared dead there.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that the allegation has been made against the six persons including the petitioner to cause assault to the father of the informant through Kari of palm tree, lathi and danda but, in the post-mortem report of the father of the informant, only one injury on the occipital region was found. In fact, due to land dispute, the occurrence of "Maar-Peet" took place between the parties, in which the father of the informant fell down and received injury and died. The petitioner has no criminal antecedent and is in custody since 02.06.2019. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Smt. Shephali Narayan, Judicial Magistrate, First Class, Biharsharif Nalanda (Nalanda), in connection with Bind P.S. Case No.74 of 2019.

(Rajendra Kumar Mishra, J) P.S./- U T