Binesh Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51635 of 2014 Arising Out of PS.Case No. -90 Year- 2014 Thana -DULHIN BAZAR District- PATNA ======================================================

1. Binesh Yadav, Son of Ram Vilash Yadav

2. Ram Pravesh Yadav, Son of Jaynandan Yadav Both resident of village- Bharatpura, P.S.- Dulhin Bazar, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Sinha, Advocate For the Opposite Party/s : Mr. R.B.Rai Raman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 04-03-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in connection with Dulhin Bazar P.S. Case No.90 of 2014 registered for the offences punishable under sections 302 and 201 read with 34 of the Indian Penal Code.

According to the prosecution case, the petitioners are alleged to have assaulted the deceased husband of the informant with Lathi. The allegation made in the FIR is duly corroborated by postmortem report and statement made by an eye witness, namely, Shikanti Yadav as recorded in paragraph no.36 of the case diary. Learned counsel for the State has opposed the prayer for

Patna High Court Cr.Misc. No.51635 of 2014 (4) dt.04-03-2015 2/2 bail.

Regard being had to the direct and specific allegation made against the petitioners of causing fatal injuries with Lathi upon the deceased, I am not inclined to grant him bail. Accordingly, the prayer for bail is rejected. (Ashwani Kumar Singh, J) Md.S./- U T