Umesh Dahlan @ Umesh Prasad Dahlan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14740 of 2015 Arising out of PS.Case No. -19 Year- 2015 Thana -SAHARSA District- SAHARSA ====================================================== Umesh Dahlan @ Umesh Prasad Dahlan, Son of Late Chandi Dahlan, Resident of Mohalla - Dahlan Chowk Saharsa, P.S. + District - Saharsa. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Pramod Mishra, Advocate. For the Opposite Party : Mr. Abhay Kumar No. 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-06-2015 The petitioner is languishing in custody since 29.01.2015 in connection with Saharsa P.S. Case No. 19/2015(G.R. No. 75 of 2015) for the offences instituted under Sections 302, 120(B)/34 of the I.P.C. and Section 27 of the Arms Act.
Heard learned counsel for the petitioner, informant and learned counsel for the State.
The prosecution story, in brief, is that at about 9.30 P.M. the informant was going on Scorpio for carrying her husband who was at his bricks Chimini which situated at Patuaha village. It is further stated that her husband Gopal Yadav was on his Chimini who went to take part in Bhoj at the residence of Jhingali Yadav and after taking Bhoj he was returning by foot towards his house
Patna High Court Cr.Misc. No.14740 of 2015 (2) dt.10-06-2015 2 / 3 and when he reached near Shiv Mandir she heard the sound of firing. She has further stated that in the light of her Scorpio she saw Laxman Yadav was firing on the person of her husband Gopal Yadav indiscriminately. It is further said Ajay Yadav and Pappu Yadav were accompanying Laxman Yadav and after the said firing all the three accused persons left towards the village boarding on a Motorcycle. It has also been stated that she asked Laxman Yadav as to why he has killed her husband on which he replied that he has not killed her husband. It has further been stated that one white colour 4 wheeler vehicle was coming on which Umesh Dahlan, Kameshwar Yadav and Rameshwari Yadav were boarding and they were chanting that he has been killed.
It has further been stated that Ashu Jha whose resident is just beside the residence of Dr. Sushil Kumar called her husband on mobile to meet him and further alleged that there is land of Ashu Jha and his Gotiya, namely, Bachcha Jha in the village. It has also stated that Umesh Dahlan was taking land of Ashu Jha and her husband was taking land from Bachcha Jha. Umesh Dahlan was saying that he has purchased all the land and has paid the money then why the husband of the informant is taking the land. It has also said that her husband had paid the amount to Bachcha Jha for the land and due to the same this occurrence has taken place.
Patna High Court Cr.Misc. No.14740 of 2015 (2) dt.10-06-2015 3 / 3 It has been submitted on behalf of the petitioner that the main allegation is against one Laxman Yadav who is alleged to have fired upon the deceased and due to said injury the husband of the informant succumbed to death. So far as the petitioner is concerned, it has been submitted that there is no allegation of assault or causing injury upon the deceased. Further it has been submitted that other accused person has been granted bail by this Court vide Cr. Misc. No. 14163 of 2015.
On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.
Considering the facts and circumstances, let the petitioner, above named, 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 the learned C.J.M., Saharsa, in connection with Saharsa P.S. Case No. 19 of 2015 (G.R. No. 75 of 2015).
U.K./- (Sudhir Singh, J) U T