Ganesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83429 of 2024 Arising Out of PS. Case No.-106 Year-2022 Thana- NAUHATTA District- Saharsa ====================================================== Ganesh Yadav Son Of Bhumi Yadav @ Bhubaneshwary R/O-Vilage- Ramji Tola, Belahi, P.S.-NAUHATTA , District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra, Advocate For the State :

Mr.Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Nauhatta P.S. Case No. 106 of 2022 registered for the offence punishable under Sections 341, 323, 302, 379, 504 and 506/34 of the Indian Penal Code.

3. The petitioner is said to have assaulted his deceased brother over the dispute of cutting of bamboo and the deceased died after 24 days of the occurrence.

4. It has been submitted by learned counsel for the petitioner that no offence under Section 302 of the Indian Penal Code is made out and it is a case of culpable homicide not amounting to murder. The petitioner is in jail since 20.02.2024.

5. Considering the aforesaid circumstances and the

Patna High Court CR. MISC. No.83429 of 2024(3) dt.19-03-2025 2/2 fact that the deceased died after 24 days of assault, this application is allowed.

6. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-IVth Saharsa/concerned Court in connection with Nauhatta P.S. Case No. 106 of 2022, subject to the condition that the petitioner will co-operate in the trial.

(Sandeep Kumar, J) P. Kumar U T