Patna High CourtCR. MISC./50020/2017bail granted

Kanhaiya Yadav v. The State Of Bihar

2017-10-17Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50020 of 2017 Arising Out of PS.Case No. -37 Year- 2017 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Kanhaiya Yadav Son of Mohar Yadav Resident of Village-Jokiari, P.S.- Raxaul, District-East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-10-2017 Heard the learned counsel for the petitioner. The petitioner seeks regular bail in connection with Raxaul P.S. Case No. 37 of 2017 for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 504 and 302 of the Indian Penal Code.

The case of the prosecution in brief is that while the brother of the informant was constructing his residential house, the accused persons including the petitioner herein came there armed with lathi and bhala and started assaulting the brother of the informant, resulting in injury on his head. It appears that thereafter the said brother of the informant succumbed to his injury. The learned counsel for the petitioner submits that there is general and omnibus allegation against the petitioner

Patna High Court Cr.Misc. No.50020 of 2017 (2) dt.17-10-2017 2/2 herein, the petitioner has got no criminal antecedent, the petitioner is innocent and similarly situated accused person has already been granted bail by this Court by an order dated 21.09.2017 passed in Cr. Misc. No. 41421 of 2017. It is further submitted that the petitioner is languishing in jail since 25.06.2017. In the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Raxaul at Motihari, East Champaran in connection with Raxaul P.S. Case No. 37 of 2017.

(Mohit Kumar Shah, J) BTiwary/- U T