Gorelal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67869 of 2019 Arising Out of PS. Case No.-29 Year-2019 Thana- TANKUPPA District- Gaya ====================================================== GORELAL YADAV Son of Nanhaku Yadav Resident of Village-Darjiya Chak, Police Station-Tankuppa, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrigendra Pratap Singh, Advocate.

For the Opposite Party/s :

Mr.Choubey Jawahar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 302 of the Indian Penal Code and 27 of Arms Act.

There is allegation of commission of assault against 13 FIR named accused persons including the petitioner which caused death of Sanjay Kumar, the son of the informant. There is allegation of firing also against some other co-accused who was carrying firearm. However, no injury was caused by firearm to anyone. Learned counsel for the petitioner submits that allegation is not specific and doctor has found injury on the left chick, right arm, above joint wrist besides a stitched wound at the right temporal area of the head. The single head injury which was cause of death is not specifically attributed against anyone. Petitioner is in custody since 30.7.19. Investigation of the case is already complete.

Patna High Court CR. MISC. No.67869 of 2019(3) dt.04-03-2020 2/2 Learned counsel for the informant opposed prayer for bail. Considering the fact that the medical report does not support that all had assaulted at the head of the deceased, it is not specific as to who had caused the head injury. Hence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Tankuppa Police Station Case No. 29 of 2019, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) SONALI/- U T