Ram Nandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75749 of 2019 Arising Out of PS. Case No.-74 Year-2019 Thana- BIND District- Nalanda ====================================================== RAM NANDAN YADAV Son of Late Siya Sharan Gope, Resident of Village - Lodipur, , P.S- Bind, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Upendra Kumar For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 29-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 302, 307/34 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner happens to be father of the co-accused and he is aged about 72 years and no specific allegation of assault is attributed to him. Moreover, although there is allegation of assault against three accused who alleged to have assaulted the deceased due to which he died but the deceased has

Patna High Court CR. MISC. No.75749 of 2019(3) dt.29-11-2019 2/2 sustained only one injury and so far as allegation with respect to Section 307 I.P.C. is concerned, the injury sustained by the injured is simple in nature which is evident from Annexure-3. Therefore, no case under Section 307 of the I.P.C. is made out against the petitioner and this petitioner is rotting in judicial custody since 01.08.2019. Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-1st, Nalanda at Bharsharif in connection with Bind P.S. Case No. 74 of 2019.

(Arvind Srivastava, J) brajesh/- U T