Chandradeep Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67476 of 2019 Arising Out of PS. Case No.-128 Year-2018 Thana- CHAKAND District- Gaya ====================================================== Chandradeep Yadav, Son of Vanshi Yadav, Resident of Village- Murkatta, P.S.- Chakand, District- Gaya.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Saxena For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Chakand P.S. Case No. 128 of 2018, registered under Sections 323, 341, 325, 379, 427, 504, 506/34 and 302 of the Indian Penal Code.

The accusation is that while informant Lakhan Yadav (deceased) was in the filed in the morning of 07.10.2018 to attend call of nature, at that time, seven persons named in the F.I.R., including the petitioner, having Lathi and Garansa came there and started to cause assault. On raising alarm, villagers started reaching there then all fled away from there after damaging the tractor. Thereafter, informant Lakhan Yadav (deceased) was rushed to the hospital for treatment.

Patna High Court CR. MISC. No.67476 of 2019(3) dt.17-02-2020 2/2 Later on, due to death of informant Lakhan Yadav, Section 302 of I.P.C. was added.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that seven persons named in the F.I.R., including the petitioner caused injury to informant (deceased), but only two injuries were found in the Postmortem report. Further submission is that similarly situated co-accused Lokan Yadav and Janardan Yadav have already granted privilege of bail on 14.08.2019 vide Criminal Miscellaneous No. 36750 of 2019 by a co-ordinate Bench of this Court. Further submission is that petitioner has no criminal antecedent and he is in custody since 03.09.2019. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-VI, Gaya in connection with Chakand P.S. Case No. 128 of 2018.

(Rajendra Kumar Mishra, J) manish/- U T