Rajeshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37089 of 2014 Arising Out of PS.Case No. -120 Year- 2014 Thana -KARPI District- JEHANABAD ====================================================== Rajeshwar Yadav .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-01-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, as also heard learned counsel appearing for the informant.

Altogether 6 persons, including the petitioner are named in the first information report and the informant himself as also his nephew, namely, Anand Sharma claimed eye witnesses of the alleged occurrence and both of them also claimed that they sustained injury in the aforesaid occurrence. The present case was registered in the morning of 18-06-2014 and according to prosecution case; the alleged occurrence has taken place at about 7.30 p.m. of 17-06-2014.

No doubt, paragraphs-58 & 59 of the case diary reveal that the doctor found injury on the person of the informant and his nephew but learned counsel for the petitioner drew my attention towards column 3 of inquest report and submitted that the inquest of the deceased was prepared at 6.00 a.m. on 18-06-2014 and the

Patna High Court Cr.Misc. No.37089 of 2014 (3) dt.27-01-2015 informant gave his written report at 8.00 a.m. on 18-06-2014 i.e. after two hours of preparation of the inquest report and the aforesaid circumstance goes to show that there was ample opportunity for the informant to implicate the petitioner and others due to land dispute. Moreover, the postmortem report of the deceased shows that no sharp cutting injury was found on the person of the deceased whereas; the informant claimed in his written report that the petitioner and his associates were armed with Khanti, Lathi etc.

Therefore, considering the aforesaid facts and circumstances as well as submission of the parties, particularly, keeping in mind that no specific overt act has been attributed against the petitioner, let the petitioner named above, be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Karpi P.S. Case No. 120 of 2014 to the satisfaction of Chief Judicial Magistrate, Jehanabad.

(Hemant Kumar Srivastava, J.) A.K.V./- U T