Hiraman Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.683 of 2019 Arising Out of PS. Case No.-57 Year-2014 Thana- NAUTAN District- West Champaran ======================================================

1. Hiraman Yadav S/o late Murat Yadav

2. Laxman Yadav @ Lachhan Yadav S/o Late Shri Kishun Yadav Both resident of Village- Uttari Telhua, Dera Tola, P.S. - Nautan, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-01-2019 Heard both sides.

The petitioners apprehend their arrest in Nautan P.S. Case No.57 of 2014 registered under Sections 302, 307 and other minor Sections of the Indian Penal Code. The informant named the petitioners along with other accused persons and alleged that they all assaulted his father. Pradeep Yadav @ Doctor, Lootan Yadav and Lakshan Yadav assaulted his father with lathi. Sukul Yadav also assaulted the deceased. The father of the informant died.

The learned counsel for the petitioner submits that the petitioners are not alleged to have assaulted the father of the informant. The police after investigation submitted final form finding the accusation against the petitioners false and the

Patna High Court Cr.Misc. No.683 of 2019(2) dt.16-01-2019 2/3 petitioners were not sent up for trial. The final form was accepted. Two Sessions Trial being Sessions Trial No.618 of 2014 and Sessions Trial No.186 of 2015 arose out of Nautan P.S. Case No.57 of 2014. The prosecution filed petition under Section 319 of Cr.P.C. in Sessions Trial No.618 of 2014 but no sufficient material was found to proceed against the petitioners and accordingly, petition filed under Section 319 Cr.P.C. was dismissed but again the prosecution filed the petition under Section 319 Cr.P.C. in Sessions Trial No.186 of 2015 and the learned Additional Sessions Judge found sufficient material to proceed against the petitioners on the basis of the evidence of Baijnath Yadav, P.W. 1 and Yadavlal Yadav, P.W.2 and issued summons.

The petitioners, on such, apprehend their arrest. Considering the facts that although petitioners were named in the F.I.R. but the police found the accusation false against the petitioners and submitted final form and cognizance was not taken against the petitioners and the fact that petitioners were summoned under Section 319 Cr.P.C. in Sessions Trial No.186 of 2015, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.683 of 2019(2) dt.16-01-2019 3/3 Thousand) each with two sureties of the like amount each to the satisfaction of the learned 5th Addl. Sessions Judge, Bettiah, West Champaran in connection with Nautan P.S. Case No.57 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T