Hiral Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59599 of 2017 Arising Out of PS.Case No. -33 Year- 2017 Thana -JANKINAGAR District- PURNIA ======================================================

1. Hiral Lal Yadav S/o Kamleshwari Yadav, R/o Village- Kari Mandal Tola, P.S.- Janki Nagar, District- Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijendra Kumar Singh, Adv For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner as well as learned APP.

For the purpose of irrigation while channel was being prepared in the land of informant by Kalar Yadav, Nathan Yadav and Resham Lal Yadav, deceased, Harish Chandra Yadav forbade them and then thereafter returned back to the courtyard. While he was sitting there, Kalar Yadav, Nathan Yadav and Resham Lal Yadav armed with Lathi, Subodh Yadav, Pramod Yadav, and Binod Yadav armed with Bhala came and on the order of Kamleshwari Yadav, they tied Harish Chandra and Binod pierced Bhala in the stomach of Harish Chandra Yadav as a result of which he died in the courtyard itself. Then thereafter, Kailash Yadav, Dashrath Yadav, Jaila Yadav armed with lathi and Farsa, assaulted the informant, Rajiv Yadav. During course thereof,

Patna High Court Cr.Misc. No.59599 of 2017 (2) dt.13-12-2017 Kailash inflicted Farsa blow over his head. Subsequently thereof, Hiral Lal Yadav (Petitioner), Sunil, Anil and Sushil came armed with Lathi and assaulted mother of the informant, Mangli Devi. On hue and cry, his uncle, Nageshwar Yadav came who was also assaulted by them. Then thereafter, Hiral Lal Yadav (Petitioner), Sunil Yadav, Anil and Sushil made house trespass and took away a box containing ornaments, cash as well as other items. Petitioner along with others have been identified to be assailant of Mangali Devi whose presence has subsequently been shown in omnibus nature and that being so, petitioner, Hiral Lal Yadav is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of J.M., 1st Class, Purnea in connection with Janki Nagar PS Case No. 33/2017.

(Aditya Kumar Trivedi, J) perwez U T