Patna High Court - Orders
Lachhan Yadav vs The State Of Bihar on 22 February, 2022
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41786 of 2021
Arising Out of PS. Case No.-12 Year-2021 Thana- PALANWA District- East Champaran
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LACHHAN YADAV, Son of Late Ramnan Yadav @ Raman Yadav, Resident
of Village- Kharkatwa, P.S.- Palanwa, District- East Champaran.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
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Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr.Rajendra Singh, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
5 22-02-2022Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court.
Heard learned Senior Counsel for the petitioner and Mr. Rajendra Singh, learned A.P.P. for the State.
Petitioner in the present case is seeking regular bail in connection with Palanwa P.S. Case No. 12 of 2021 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 302, 447 of the Indian Penal Code. He is in custody since 01.02.2021. The petitioner is accused in four other cases.
Learned counsel for the petitioner submits that as per the prosecution story, the informant alleged that while she was at her house, the accused persons namely Lachhan Yadav (the petitioner), Manjay Yadav, Dhananjay Yadav, Rita Devi and Patna High Court CR. MISC. No.41786 of 2021(5) dt.22-02-2022 2/3 Baby Devi came at her door lashed with weapons and indulged in abuse. On oppose, they indulged in assault. It is alleged that Lachhan Yadav (the petitioner) gave lathi blow on the head of the informant's mother and assaulted Rita Devi by brick on her head which caused bleeding from the head of the informant's mother, on which informant's husband and his cousin daughter- in-law went to save her then the accused persons also assaulted both of them. It is further alleged that the co-accused Chain Yadav, Paras Yadav, Leela Devi and Brahmdeo Yadav started pelting bricks from the roof of Chain Yadav. The informant's mother died on way to Sadar Hospital, Motihari.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner had purchased a piece of land from the sister of the deceased and the said land was sold by the deceased to the nephew of the petitioner for which a panchayati was convened in which the petitioner succeeded and being aggrieved from the verdict of the panchayat the informant's side became aggressor and scuffle took place.
Learned counsel further submits that there is no motive to kill the informant's mother and the petitioner is in custody since 01.02.2021.
Patna High Court CR. MISC. No.41786 of 2021(5) dt.22-02-2022 3/3 Mr. Rajendra Singh, learned APP for the State is present and has opposed the prayer for regular bail of the petitioner.
Having regard to the allegation that this petitioner had assaulted the deceased on her head by a lathi and the post- mortem report showing the corresponding injury over the left parietal region of the scalp, this Court is not inclined to release the petitioner on bail. The prayer for bail is, thus, refused.
Let the trial be expedited.
(Rajeev Ranjan Prasad, J) vats/-
U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.