Patna High CourtCR. MISC./75803/2024dismissed

Awadh Kishor Yadav v. The State Of Bihar

2024-10-25Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75803 of 2024 Arising Out of PS. Case No.-219 Year-2024 Thana- NAUTAN District- West Champaran ====================================================== 1.

Awadh Kishor Yadav Son of Ramnath Yadav Resident of Village - Balua, P.S. - Nautan, District - West Champaran 2.

Sunil Yadav @ Sunil Kumar @ Bhanu Yadav Son of Ramnath Yadav Resident of Village - Balua, P.S. - Nautan, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gautam For the Opposite Party/s :

Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehends their arrest in connection with Nautan P.S. Case No. 219 of 2024 registered for the offence punishable under Sections 341, 323, 325, 379, 504, 34 and added section 302 of the Indian Penal Code.

3. The petitioners and others are said to have assaulted the deceased who died after eleven days of septicemia.

4. Learned counsel for the petitioners submits that no offence under Section 302 is made out. The petitioners and other are said to have assaulted the victim which caused ten injuries and the victim died after eleven days while undergoing

Patna High Court CR. MISC. No.75803 of 2024(2) dt.25-10-2024 2/2 treatment in AIIMS, Patna. The postmortem report also shows that the victim died of septicemia.

5. Learned APP for the State has opposed the prayer for bail of the petitioner.

6. Considering the fact that the petitioners have participated in the brutal assault on the deceased and the deceased had died, this is not a fit case for grant of anticipatory bail to the petitioners.

7. Accordingly, this application for anticipatory bail is dismissed.

8. Petitioners are directed to surrender in the concerned Court below within four weeks.

(Sandeep Kumar, J) Harshita/- U T