Kapil Deo Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.21264 of 2017 (3) dt.30-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21264 of 2017 Arising Out of PS.Case No. -130 Year- 2014 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Kapil Deo Yadav Son of Shivanath Yadav Resident of Panapur, Bherihari, P.S.- Harsidhi, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 30-06-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection with Harsidhi P.S. Case No. 130 of 2014 registered under Sections- 147, 341, 342, 323, 324, 379 of the Indian Penal Code to which section 302 IPC was added later on.

Learned counsel for the petitioner submits that as a matter of fact the deceased himself fell down on the road due to sickness and during treatment he died. There is land dispute pending between the parties because of which the petitioner has been made accused in the present false and fabricated case. There is no independent eye witness to show complicity of the petitioner in the alleged occurrence. Petitioner has no criminal

Patna High Court Cr.Misc. No.21264 of 2017 (3) dt.30-06-2017 antecedent and is in custody since 15.02.2017. Considering the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari in connection with Harsidhi P.S. Case No. 130 of 2014. (Arvind Srivastava, J) Manish/- U T