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Patna High CourtCR. MISC./21613/2018rejected

Dinesh Yadav v. The State Of Bihar

2018-06-28Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21613 of 2018 Arising Out of PS.Case No. -278 Year- 2017 Thana -SHERGHATI District- GAYA ====================================================== Dinesh Yadav Son of Karu Yadav Resident of Village- Beldih, P.S. Sherghati, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kunwar Narayan Jamuar For the Opposite Party/s : Mr. Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sherghati P.S. Case No. 278 of 2017 for the offences punishable under Sections 147, 148, 149, 325, 307 and 302 of the Indian Penal Code.

The allegation is regarding the accused persons having assaulted the father of the informant resulting in his death. The learned counsel for the petitioner submits that the petitioner is innocent and he was caught from the house and in case he had assaulted the deceased, he would have fled away. It is further submitted that the petitioner is languishing in custody since 01.06.2017.

I have perused the materials on record as also the case

Patna High Court Cr.Misc. No.21613 of 2018 (4) dt.28-06-2018 2/2 diary and I find that the informant of this case who is son of the deceased has supported the factum of the accused persons including the petitioner, who was carrying tangi, having assaulted the informant leading to his death.

In view of the specific allegation levelled against the petitioner of assaulting the father of the informant and the same being a contributory factor in the death of the father of the informant, I find the present case not to be a fit case for grant of bail.

Accordingly, the prayer for bail of the petitioner is rejected.

(Mohit Kumar Shah, J) S.Sb/- U T