Pancham Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11024 of 2022 Arising Out of PS. Case No.-300 Year-2021 Thana- SAHPUR District- Bhojpur ====================================================== 1.
Raja Muni Devi @ Rajmuni Devi W/o Pancham Yadav Resident of Village - Lalu Dera, P.s.- Shahpur, (Karnamepur O.P.), Distt.- Bhojpur. 2.
Raj Kumar Yadav @ Indal Yadav Son of Pancham Yadav Resident of Village - Lalu Dera, P.s.- Shahpur, (Karnamepur O.P.), Distt.- Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 19826 of 2022 Arising Out of PS. Case No.-300 Year-2021 Thana- SAHPUR District- Bhojpur ====================================================== 1.
Munna Yadav Son of Pancham Yadav R/O Village- Lalu Dera, P.S.- Shahpur (Karnamepur O.P.), District- Bhojpur At Ara 2.
Rameshwar Yadav Son of Late Chandar Yadav R/O Village- Lalu Dera, P.S.- Shahpur (Karnamepur O.P.), District- Bhojpur At Ara ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 29515 of 2022 Arising Out of PS. Case No.-300 Year-2021 Thana- SAHPUR District- Bhojpur ====================================================== Pancham Yadav Son of Chandar Yadav Resident of village - Lalu Ke Dera, P.S.- Shahpur, District - Bhojpur at Ara ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 11024 of 2022) For the Petitioner/s :
Mr. Manoj Kumar Singh, Advocate
2/9 For the State :
Mr. Md. Matloob Rab, APP For the Informant :
Mr. Gopal Govind Mishra, Advocate (In CRIMINAL MISCELLANEOUS No. 19826 of 2022) For the Petitioner/s :
Mr. Manoj Kumar Singh, Advocate For the State :
Mr. Narendra Kumar Singh, APP For the Informant :
Mr. Gopal Govind Mishra, Advocate (In CRIMINAL MISCELLANEOUS No. 29515 of 2022) For the Petitioner/s :
Mr. Manoj Kumar Singh, Advocate For the State :
Mr. Anand Kishore Choudhary, APP For the Informant :
Mr. Gopal Govind Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-11-2022 Cr. Misc. No. 11024 of 2022 Heard learned counsel appearing on behalf of the petitioners, learned APP appearing on behalf of the State and learned counsel appearing on behalf of the informant. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioners seek bail in connection with Shahpur (Karnamepur O.P.) P.S. Case No. 300 of 2021 registered for the offence under Sections 341, 323, 307, 302 and 34 of the Indian Penal Code.
The accused/petitioners are named in the F.I.R. and are in custody since 18.10.2021.
The allegation against the petitioners is to commit murder of mother of the informant, alongwith other co-accused persons, by causing assault with lathi due previous enmity. Learned counsel appearing on behalf of the petitioners submitted that the allegation, as regard to fatal assault is very
3/9 much general and omnibus against these petitioners. It is further submitted that only single injury was noticed upon the injured i.e., facture of occipital bone, which also negate the version of informant/injured, being eye witness, that assault was caused by a total of six accused persons. While concluding the argument, it is submitted that petitioners are persons of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP duly assisted by learned counsel, Mr. Gopal Govind Mishra, appearing on behalf of the informant, while opposing the prayer of bail, submitted that this is a case of collective assault, causing death of mother of the informant. In view of the facts and circumstances, as mentioned above, and by taking note of general and omnibus accusation with regard to assault, where petitioners are in custody since 18.10.2021 coupled with the fact that chargesheet has been submitted, let both the petitioners, above named, are directed to be released on bail in connection with Shahpur (Karnamepur O.P.) P.S. Case No. 300 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional
4/9 Chief Judicial Magistrate-II, Bhojpur at Ara/concerned Court, subject to the following conditions:
"(i) That accused/petitioners shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioners, duly supported by the documents.
(ii) That one of the bailors shall be the deponent of the present bail petition."
Cr. Misc. No. 19826 of 2022 Heard learned counsel appearing on behalf of the petitioners, learned APP appearing on behalf of the State and learned counsel appearing on behalf of the informant. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioners seek bail in connection with Shahpur (Karnamepur O.P.) P.S. Case No. 300 of 2021 registered for the offence under Sections 341, 323, 307, 302 and 34 of the Indian Penal Code.
5/9 The accused/petitioners are named in the F.I.R. and are in custody since 18.10.2021.
The allegation against the petitioners is to commit murder of mother of the informant, alongwith other co-accused persons, by causing assault with lathi due previous enmity. Learned counsel appearing on behalf of the petitioners submitted that the allegation, as regard to fatal assault is very much general and omnibus against these petitioners. It is further submitted that only single injury was noticed upon the injured i.e., facture of occipital bone, which also negate the version of informant/injured, being eye witness, that assault was caused by a total of six accused persons. While concluding the argument, it is submitted that petitioners are men of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP duly assisted by learned counsel, Mr. Gopal Govind Mishra, appearing on behalf of the informant, while opposing the prayer of bail, submitted that this is a case of collective assault, causing death of mother of the informant. In view of the facts and circumstances, as mentioned above, and by taking note of general and omnibus accusation
6/9 with regard to assault, where petitioners are in custody since 18.10.2021 coupled with the fact that chargesheet has been submitted, let both the petitioners, above named, are directed to be released on bail in connection with Shahpur (Karnamepur O.P.) P.S. Case No. 300 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Bhojpur at Ara/concerned Court, subject to the following conditions:
"(i) That accused/petitioners shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioners, duly supported by the documents.
(ii) That one of the bailors shall be the deponent of the present bail petition."
Cr. Misc. No. 29515 of 2022 At the outset, learned counsel for the petitioner submitted that in paragraph no.1, at page no.2, of the bail
7/9 petition, inadvertently, one of the sections has been wrongly typed as '3007' instead of '307'.
Accordingly, learned counsel for the petitioner is permitted to make necessary correction during the course of the day itself.
Heard learned counsel appearing on behalf of the petitioner, learned APP appearing on behalf of the State and learned counsel appearing on behalf of the informant. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Shahpur (Karnamepur O.P.) P.S. Case No. 300 of 2021 registered for the offence under Sections 341, 323, 307, 302 and 34 of the Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in custody since 18.10.2021.
The allegation against the petitioner is to commit murder of mother of the informant, alongwith other co-accused persons, by causing assault with lathi due previous enmity. Learned counsel appearing on behalf of the petitioner submitted that the allegation, as regard to fatal assault is very much general and omnibus against this petitioner. It is further
8/9 submitted that only single injury was noticed upon the injured i.e., facture of occipital bone, which also negate the version of informant/injured, being eye witness, that assault was caused by a total of six accused persons. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP duly assisted by learned counsel, Mr. Gopal Govind Mishra, appearing on behalf of the informant, while opposing the prayer of bail, submitted that this is a case of collective assault, causing death of mother of the informant. In view of the facts and circumstances, as mentioned above, and by taking note of general and omnibus accusation with regard to assault, where petitioner is in custody since 18.10.2021 coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Shahpur (Karnamepur O.P.) P.S. Case No. 300 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Bhojpur at Ara/concerned Court, subject
9/9 to the following conditions:
"(i) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.
(ii) That one of the bailors shall be the deponent of the present bail petition."
(Chandra Shekhar Jha, J) Ankit/- U T