Nageshwar Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.41686 of 2017 (3) dt.03-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41686 of 2017 Arising Out of PS.Case No. -125 Year- 2017 Thana -JHAJHA District- JAMUI ======================================================

1. Nageshwar Yadav, Son of Late Shobhan Yadav, resident of Village Tatwadih, P.S. Jhajha, District- Jamui ..... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 17.05.2017 in connection with Jhajha P.S. Case No. 125 of 2017 for offences punishable under Sections 147, 149, 323, 302 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that on the date of occurrence, eight persons, named in the FIR, including the petitioner started assaulting his son Surendra Yadav by means of legs, fists and slaps as a result his son was seriously injured and during the course of treatment, succumbed to the injuries.

It has been submitted by the learned counsel for the petitioner that he is innocent and just because he is the agnate of the informant and there was a land dispute between the parties, he has been made accused. He submits that petitioner is an old man

Patna High Court Cr.Misc. No.41686 of 2017 (3) dt.03-11-2017 of 60 years. There are general and omnibus allegations against all the accused persons. It is not clear as to on whose assault, the informant's son died. He further submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner along with others have done to death the informant's son by means of fists, slaps and legs and in the post-mortem report, he is found to have sustained grievous injuries.

Considering the facts and circumstances and the materials on record, I am not inclined to grant privilege of bail to the petitioner at this stage and, accordingly his such prayer stands rejected in connection with Jhajha P.S. Case No. 125 of 2017 pending before the learned S.D.J.M., Jamui.

However, petitioner will be at liberty to renew his prayer for bail after framing of charge.

(Nilu Agrawal, J) sushma/- U T