Jagdish Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20951 of 2017 Arising Out of PS.Case No. -147 Year- 2014 Thana -BELHAR District- BANKA ======================================================
1. Jagdish Yadav, Son of Late Ayodhi Yadav,
2. Umesh Yadav, son of Late Lale Yadav, Both residents of Village Tengara, Police Station Belhar, District- Banka. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Akhileshwar Pd. Singh, Sr. Advocate Mr. Bimal Kumar, Mr. Surendra Pd. Singh, Advocates For the State : Mr. Jitendra Kr. Singh, APP For the Informant : Mr. Shree Niwas Singh, Mr. Ashok Kumar, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-08-2017 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are in custody since 15.11.2016 in connection with Belhar P.S. Case No. 147 of 2014 for the offences alleged under Sections 147, 148, 149, 341, 323, 307, 302, 504 and 324 of the Indian Penal Code.
3. It is submitted that the petitioners have been falsely implicated in a land dispute between the parties. No overt act or specific assault has been attributed to the petitioners. The petitioners claim clean antecedents.
4. Learned counsel for the APP assisted by learned counsel for the informant appearing suo motu has opposed the bail petition. He invites attention to paragraph 14 of the case diary narrating the manner of occurrence in which all the accused persons are said to have assaulted the deceased Yogendra Yadav and the injured Om Prakash Yadav. In paragraph 59 of the case diary, the petitioners have been specifically named as accused
Patna High Court Cr.Misc. No.20951 of 2017 (4) dt.10-08-2017 2/2 persons by the injured Om Prakash Yadav. Similarly situated coaccused Karu Yadav @ Kru Yadav has been denied bail by this Court in Cr. Misc. No. 10397 of 2015.
5. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant the privilege of bail to the petitioners. The bail petition stands dismissed. (Vikash Jain, J) B.T/- U T