Budhan Yadav @ Budha Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2985 of 2024 Arising Out of PS. Case No.-56 Year-2023 Thana- KAJRAILI District- Bhagalpur ====================================================== Raju Yadav S/O Ganesh Yadav Village- Badi Goddi, Ps. Kajraili, Dist. Bhagalpur.
... ... Petitioner
Versus
1.
The State of Bihar BIHAR ... ... Opposite Party ====================================================== with CRIMINAL MISCELLANEOUS No. 21054 of 2024 Arising Out of PS. Case No.-56 Year-2023 Thana- KAJRAILI District- Bhagalpur ====================================================== Budhan Yadav @ Budha Yadav Son of Ganesh Yadav Resident of village - Bari Goddi, P.S.- Kajraili, District - Bhagalpur. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== with CRIMINAL MISCELLANEOUS No. 22490 of 2024 Arising Out of PS. Case No.-56 Year-2023 Thana- KAJRAILI District- Bhagalpur ====================================================== Sanjay Yadav Son of Ram Deo Yadav Resident of village - Bari Goddi, P.S.- Kajraili, District - Bhagalpur.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 2985 of 2024) For the Petitioner/s :
Mr. Swapnil Kumar Singh, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP (In CRIMINAL MISCELLANEOUS No. 21054 of 2024) For the Petitioner/s :
Mr. Swapnil Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ramchandra Sahni, APP (In CRIMINAL MISCELLANEOUS No. 22490 of 2024) For the Petitioner/s :
Mr. Swapnil Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
Patna High Court CR. MISC. No.2985 of 2024(3) dt.09-04-2024 2/3 09-04-2024 Heard learned counsel for the petitioners and learned APP for the State.
2.
These applications for grant of regular bail arises out of Kajraili P.S. Case No.56 of 2023 registered for the offence punishable under section 341, 323, 302, 307, 504 & 506/34 of the Indian Penal Code.
3.
Nine persons are said to have assaulted the deceased because of land dispute.
4.
It has been submitted by learned counsel for the petitioners that there is case and counter case between the parties and one person from petitioners' side has also sustained grievous injury. It has also been submitted that a title suit is pending before the parties.
5.
Learned APP opposes the prayer of the petitioners for bail.
6.
I have considered the submissions of the parties. In the postmortem report, nine injuries have come which supports the prosecution case of assault by accused persons. Further, the pendency of a land dispute will not give license to the petitioners and their family members to kill the deceased. The deceased was assaulted by the accused persons in a brutal manner.
Patna High Court CR. MISC. No.2985 of 2024(3) dt.09-04-2024 3/3 7.
Considering the aforesaid facts, I am not inclined to grant the petitioners privilege of regular bail. Accordingly, this bail application is rejected. The trial court is directed to expedite the trial and conclude the same as early as possible.
(Sandeep Kumar, J) pawan/- U