Patna High Court - Orders
Ram Khelawan Yadav And Ors vs The State Of Bihar on 16 July, 2019
Author: Rakesh Kumar
Bench: Rakesh Kumar, Anjani Kumar Sharan
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No. 70 of 2019
Arising Out of PS. Case No.-36 Year-2014 Thana- Madhepur District- Madhubani
======================================================
1. Ram Khelawan Yadav aged about 64 years, male, S/o Kusheshwar Yadav
2. Mahesh Yadav aged about 39 years, male S/o Ram Charitar Yadav
3. Saini Ram aged about 52 years, male, son of Phulchan Ram
All residents of Village- Birpur, P.S- Madhepur, District - Madhubani.
... ... Appellants
Versus
The State of Bihar
... ... Respondent
======================================================
with
CRIMINAL APPEAL (DB) No. 147 of 2019
Arising Out of PS. Case No.-36 Year-2014 Thana- Madhepur District- Madhubani
======================================================
1. Mukesh Yadav aged about 45 years (Male) Son of Sita Ram Yadav
2. Tantu Yadav aged about 55 years (Male), Son of Raghunandan Yadav
Both resident of Village - Birpur, P.S.- Madhepur, District - Madhubani.
... ... Appellants
Versus
The State of Bihar
... ... Respondent
======================================================
with
CRIMINAL APPEAL (DB) No. 150 of 2019
Arising Out of PS. Case No.-36 Year-2014 Thana- Madhepur District- Madhubani
======================================================
Sanjay Yadav aged about 36 years (Male), son of Ram Prasad Yadav, Resident
of Village - Birpur, P.S.- Madhepur, District- Madhubani.
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
with
CRIMINAL APPEAL (DB) No. 169 of 2019
Arising Out of PS. Case No.-36 Year-2014 Thana- Madhepur District- Madhubani
======================================================
Sita Ram Yadav aged about 76 years (Male) son of Jugli Yadav, Resident of
Village - Birpur, P.S.- Madhepur, District- Madhubani.
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
Patna High Court CR. APP (DB) No.70 of 2019(6) dt.16-07-2019
2/4
(In CRIMINAL APPEAL (DB) No. 70 of 2019)
For the Appellant/s : Mr.Hriday Narayan Harshit
For the Respondent/s : Mr.Ajay Mishra
(In CRIMINAL APPEAL (DB) No. 147 of 2019)
For the Appellant/s : Mr.Hriday Narayan Harshit
For the Respondent/s : Mr.Satya Narayan Prasad
(In CRIMINAL APPEAL (DB) No. 150 of 2019)
For the Appellant/s : Mr.Hriday Narayan Harshit
For the Respondent/s : Mr.Ashwani Kumar Sinha
(In CRIMINAL APPEAL (DB) No. 169 of 2019)
For the Appellant/s : Mr.Hriday Narayan Harshit
For the Respondent/s : Mr.Abhimanyu Sharma
For the appellants in
all the aforesaid appeals : Mr. Baxi S.R.P.Sinha, Sr.Advocate
For the Informant : Mr. D.K.Sinha, Sr.Advocate
Mr. Girish Chandra Jha, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR
and
HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAKESH KUMAR)
6. 16-07-2019In all the aforesaid four appeals, seven appellants were tried together and convicted & sentenced by the same judgment and as such, all the four appeals were taken-up together under the heading "For Orders" for considering the prayer for bail.
Sri Baxi S.R.P.Sinha, learned senior counsel assisted by Sri Hriday Narayan Harshit, learned counsel for the appellants, by way of referring to evidence on record, submits that save and except appellant Sanjay Yadav {in Cr.Appeal (DB) No. 150 of 2019}, against other appellants, there is no specific accusation of overt act and they have been made accused by assumption of general and omnibus allegation. He further Patna High Court CR. APP (DB) No.70 of 2019(6) dt.16-07-2019 3/4 submits that the prosecution case appears to be doubtful, considering the fact that prosecution has suppressed the fact that they were made accused in the same transaction, in which, from the appellants' side, one person died. He submits that the informant side were tried and about five persons were convicted, who preferred appeals, vide Cr.Appeal (DB) No. 1138 of 2017, Cr. Appeal (DB) No. 1176 of 2017 and Cr.Appeal (DB) No. 1250 of 2017. Though, appeals were admitted and the prayer for bail of most of the convicts was rejected by this Court, only one convict namely Arjun Yadav {in Cr.Appeal (DB) No. 1176 of 2017} was granted privilege of bail during pendency of the appeal. He submits that since there was case and counter case in between the parties, this Court may pass favourable order.
Learned Addl. Public Prosecutors as well as Sri D.K.Sinha, learned senior counsel assisted by Sri Girish Chandra Jha, learned counsel for the informant have argued that it is a case, in which, the appellants in a pre-planned manner had assembled on a road knowing well that deceased with another were moving on motorcycle to attend the court proceeding. They were intercepted and firing was made and as such, the learned Trial Judge has rightly passed the judgment of Patna High Court CR. APP (DB) No.70 of 2019(6) dt.16-07-2019 4/4 conviction and sentence under Section 302/149 of the Indian Penal Code.
Sri Abhimanyu Sharma, learned Addl. Public Prosecutor submits that in this case, P.W.11 is the person, who was pillion rider of the motorcycle. In the occurrence, he had also received injury. During the trial, he has supported the prosecution case. Besides injured witness P.W.11, P.W.7 (informant) and P.W.3 (Reshma Devi) are eye-witnesses, ofcourse they are family members. Besides them, some other independent witnesses have also supported the prosecution case.
Besides hearing learned counsel for the parties, we have also cursorily examined the material on record, particularly the judgment impugned and after going through the same, we do not find any apparent perversity in the judgment warranting interference.
The prayer for bail in respect of all the appellants stands dismissed.
(Rakesh Kumar, J.)
( Anjani Kumar Sharan, J.)
anay
U T