Pintu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39446 of 2015 Arising out of PS.Case No. -48 Year- 2015 Thana -KINJAR District- JEHANABAD ====================================================== Pintu Yadav, son of Bijendra Yadav, resident of village Laraua, P.S. Kinjer, Dist. Arwal.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Ghanshyam Tiwary, Advocate. For the Opposite Party : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2015 Heard learned counsel for the petitioner and learned counsel for the State The petitioner is languishing in custody since 22.05.2015 in connection with Kinjar P.S. Case No. 48 of 2015 for the offences instituted under Sections 147, 148, 149, 341, 323, 324, 326, 307, 302 of the IPC and 3(1)(x), 3(2(v) of the SC/ST (Prevention of Atrocities) Act.
The prosecution story, in brief, is that on 20.05.2015 at about 5.00 P.M., two boys reached near the house of the informant in running condition from the side of Taudikhana of VillageAaiyara who was chased by Pintu Yadav(petitioner), Umesh Yadav and Bidyanand Yadav of Village-Laraua on which the informant with the help of some other people saved the two boys
Patna High Court Cr.Misc. No.39446 of 2015 (3) dt.12-10-2015 2/3 and put them out of the village. Later on, the above mentioned three people started hurling abusing the informant called the villagers by mobile on which Bijendra Yadav, Bauwanand Yadav, Kishan Yadav, Rana Yadav, Ashok Yadav, Gajendra Yadav and Santosh Yadav having armed with Lathi, Garasa, Farsa in their hands reached there and stared assaulting the people of the villagePurainia Rukindin Tola. In the meantime, when they were assaulting uncle of the informant Sohrai Das, the informant came to save them on which accused began to assault the informant and in the meantime, when the brother of the informant Ranjeet Das came there Kishan Das assaulted Garasa blow on the head of Ranjeet Das as a result, Ranjeet Das fell down and blood started oozing.
The informant also received head injury. In the said occurrence, Sohrai Das, Khaderan Paswan, Nanhak Paswan all of them received injury and become injured in this case. During course of treatment, in the way, Ranjeet Das died. The informant claims that the people of Laraua assaulted them intentionally and deliberately as SC people.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is in custody since 22.05.2015 and the charge sheet has been submitted in the case. There is no allegation of tampering with the evidence
Patna High Court Cr.Misc. No.39446 of 2015 (3) dt.12-10-2015 3/3 against the petitioner. There is no allegation of assault upon the deceased against the petitioner. No injury has been attributed against him. The main allegation is against Kishan Yadav. On behalf of the State it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid 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., Arwal, in connection with Kinjer P.S. Case No. 48/2015. U.K./- (Sudhir Singh, J) U T