Patna High CourtCR. MISC./26934/2018bail granted

Dwarika Yadav v. The State Of Bihar

2018-07-09Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26934 of 2018 Arising Out of PS.Case No. -422 Year- 2017 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Dwarika Yadav, S/o Late Zalim Yadav, Resident of village- Khagaur, Police Station- Lakhisarai, District- Lakhisarai. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-07-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Lakhisarai PS case no. 422 of 2017 instituted for the offence punishable under Sections 147, 148, 149, 323, 325, 504, 302 of Indian Penal Code.

The allegation in the present case is regarding assault by the co-accused namely Mukesh Kumar on the head of the deceased by rod resulting in his death.

The learned counsel for the petitioner submits that the post mortem report will show that there is only one head injury by hard and blunt substance which is attributable to the said co-accused namely Mukesh Kumar and as far as the petitioner is

Patna High Court Cr.Misc. No.26934 of 2018 (3) dt.09-07-2018 2/2 concerned, there is no allegation of assault resulting in any grievous injury to the deceased. It is further submitted that the petitioner is having a clean antecedent and he is languishing in custody since 13.11.2017.

Having regard to the facts and circumstances of the case, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Lakhisarai in connection with Lakhisarai PS case no. 422 of 2017.

(Mohit Kumar Shah, J) rinkee/- U T