Bittu Yadav @ Bittu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61842 of 2019 Arising Out of PS. Case No.-217 Year-2019 Thana- BAGHA District- West Champaran ====================================================== Bittu Yadav @ Bittu Kumar Yadav Son of Raju Yadav Resident of Narainpur, Ward no.8, P.S-Bagaha, Patkhauli, District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-11-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 27.04.2019 in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 379, 307, 302 and 506 of the IPC. The prosecution case is to the effect that on 22.04.2019, the younger son of the informant went to bring some medicine, but he came back home weeping and suggested that the petitioner, Bittu Yadav, co-accused, Bittu Bhar, Vasudeo Kumar and Raju Yadav have snatched money from him. Thereafter, the informant along with his son went to protest, whereupon it is alleged that all the accused persons including the petitioner assaulted the informant with fist and slaps. It is specifically alleged that the

Patna High Court CR. MISC. No.61842 of 2019(2) dt.27-11-2019 2/3 petitioner took out a knife and co-accused Bhola Paswan took the knife from the petitioner and gave blow to the son of the informant. Subsequently, the son of the informant succumbed to the injuries.

It is submitted by learned counsel for the petitioner that the accusation of stabbing has not been made against the petitioner. Moreover, the investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned counsel for the informant submits that the petitioner and co-accused Bittu Yadav caught hold of the son of the informant and this petitioner supplied the knife to coaccused Bhola Paswan, who stabbed the son of the informant. Considering the fact that accusation of stabbing the son of the informant is only against co-accused, Bhola Paswan, period under custody and the investigation has already been concluded, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM-Ist Class, Bagaha, West Champaran in connection with

Patna High Court CR. MISC. No.61842 of 2019(2) dt.27-11-2019 3/3 Bagaha (Patkhauli) P.S. Case No. 217 of 2019. (Dinesh Kumar Singh, J) Amrendra/- U T