Patna High CourtCR. MISC./66895/2019bail granted

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

2019-12-09Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66895 of 2019 Arising Out of PS. Case No.-128 Year-2019 Thana- GAMAHARIYA District- Madhepura ====================================================== BALRAM YADAV @ BALRAM KUMAR YADAV @ BALRAM KUMAR Son of Late Shatrughan Yadav Resident of Village - Ratanpura, P.S.- Ghailadh, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar, Adv For the Opposite Party/s :

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-12-2019 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 302/34 of the Indian Penal Code.

Nine person including the petitioner allegedly assaulted to the brother of the informant, as a result whereof, brother of the informant died. The Doctor has found bruise over the left thigh, and no other external injury on the person of the deceased.

Submission is that in fact the informant is not an eye witness of the occurrence and afterthought allegation is there. After investigation, the police submitted final form not

Patna High Court CR. MISC. No.66895 of 2019(2) dt.09-12-2019 2/2 sending up the petitioner for trial.

Learned counsel for the informant opposed the prayer for bail.

Considering the fact that the postmortem report does not support the prosecution allegation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (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 Gamharia Police Station Case No.128 of 2019, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T