Rambali Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5956 of 2023 Arising Out of PS. Case No.-439 Year-2021 Thana- FATEHPUR District- Gaya ====================================================== Rambali Yadav, Son of Yedal Yadav @ Yedal Prasad Yadav R/o Village - Bhetaura, P.S.- Fatehpur, District - Gaya.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ajay Kumar Sinha, Advocate For the Opposite Party :
Md. Shakir Ahmad, APP For the Informant :
Mr. Praveen Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-06-2023 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for the informant.
The petitioner seeks bail in connection with Fatehpur P.S. Case No.439 of 2021 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 504, 506, 307 of the Indian Penal Code and Section 27 of the Arms Act but, later on Section 302 of the Indian Penal Code was added. The accused/petitioner named in the FIR and is in custody since 17.11.2022.
Allegation against the petitioner is to commit murder of brother of the informant along with other co-accused persons by making an assault with iron rod, khanti and butt of gun causing serious head injuries leading death, where the
2/4 occurrence is arises out of land dispute.
It is submitted by learned counsel appearing on behalf of the petitioner that allegation as regard to assault is appearing very much general and omnibus in nature as same is appearing from the statement of injured/deceased himself as recorded in para-10 of the case diary. While travelling over the argument, it is submitted by learned counsel that as per first injury report issued by Primary Health Centre, only two lacerated wound were noticed, which is not appears convincing in the background of the allegation as petitioner cause assault by using khanti which is a sharp-edged cut weapon, falsifying the allegation of assault on its face itself. It is submitted that petitioner is a man of clean antecedent and moreover investigation of this case is completed for which charge-sheet has been submitted and as such, there is no chance of tampering with the evidence.
Learned APP duly assisted by Mr. Praveen Kumar, learned counsel for the informant while opposing the prayer for bail submitted that there is specific allegation against this petitioner as to assault injured/deceased causing fatal head injury. It is submitted that a discharge petition is pending on behalf of the petitioner before the learned trial court and
3/4 petitioner being influential person is intentionally delaying the trial and, as such, it would not be appropriate to release him on bail at least at this stage.
In view of the above-mentioned facts and circumstances and by taking note of the fact as allegation as regard to cause fatal assault is appearing very much general and omnibus against the petitioner, which is also not appears corroborated in terms of nature of weapon as alleged to cause assault by this petitioner, coupled with the fact that the chargesheet has been submitted where petitioner is in custody since 17.11.2022, accordingly petitioner above-named is directed to be released on bail after disposal of discharge petition filed on behalf of the petitioner, if any, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-X, Gaya in connection with Fatehpur P.S. Case No.
4/4 medical ground of the petitioner duly supported by the documents.
(Chandra Shekhar Jha, J.) Sanjeet/- U T