Suraj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80389 of 2019 Arising Out of PS. Case No.-1244 Year-2018 Thana- SAHARSA District- Saharsa ====================================================== SURAJ YADAV Son of Bijendra Yadav Resident of Mohalla - Kaillu Chowk, Gangjala, Ward No. 12, P.S. - Saharsa, District- Saharsa. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Rashmi Jha.
For the Opposite Party/s :
Mr. Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner is accused in connection with S. Tr. No. 93 of 2019 arising out of Saharsa Sadar P.S. Case No. 1244 of 2018 registered under Sections 307, 302, 504, 506 and other allied sections of the I.P.C.
Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in this case due to previous enmity. On perusal of the F.I.R. itself, it appears that there is allegation against the petitioner of knife blow at the head of the deceased and brother of the informant but all the injuries caused by the petitioner is found simple in nature, as contained in Annexures-2 and 2/1 to the bail application. Further submission is that there is specific
Patna High Court CR. MISC. No.80389 of 2019(2) dt.06-12-2019 2/2 allegation of assault against co-accused persons brutely by means of knife upon the deceased, who died in course of treatment. Hence, the offence under section 302 of I.P.C. is not made out against the petitioner. Petitioner is in custody since 26.11.2018.
Having considered 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 Additional District and Sessions Judge-III, Saharsa in connection with Sessions Trial No. 93 of 2019 arising out of Saharsa Sadar P.S. Case No. 1244 of 2018.
(Arvind Srivastava, J) shailendra/- U T