Patna High Court - Orders
Shyam Kishore Rai @ Kamal Narayan Yadav & ... vs The State Of Bihar on 31 October, 2018
Author: Nilu Agrawal
Bench: Nilu Agrawal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58324 of 2018
Arising Out of PS.Case No. -125 Year- 2017 Thana -BITHAN BAZAR District- SAMASTIPUR
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1. Shyam Kishore Rai @ Kamal Narayan Yadav, Son of Late Lakhan
Yadav,
2. Jay Ram Yadav @ Jay Jay Ram Yadav, Son of Late Lakhan Yadav.
3. Chandra Shekhar Yadav, Son of Late Lakhan Yadav.
4. Shiv Dular Rai, Son of Gaya Shankar Ray, Both resident of Village-
Karanchi, Police Station- Bithan, District- Samastipur.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh
For the Opposite Party/s : Mr. Sri Sakir Ahmad
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CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL
ORAL ORDER
3 31-10-2018Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.
Earlier petitioners had moved for bail which was rejected vide order dated 12.07.2018 passed in Cr. Misc. No. 29591 of 2018 along with another analogous matter with a liberty to the petitioners to renew their prayer for bail after framing of charge. Petitioner nos. 1 and 2 are languishing in judicial custody since 18.04.2018, petitioner no. 3 is in custody since 28.02.2018 and petitioner no. 4 is in custody since 07.03.2018. Patna High Court Cr.M isc. No.58324 of 2018 (3) dt.31-10-2018 2/6
Petitioners seek bail in connection with Sessions Trial No. 395 of 2018 arising out of Bithan P.S. Case No. 125 of 2017 for offences punishable under Sections 147, 148, 149, 302, 307, 325, 341 and 504 of the Indian Penal Code. Although final form has been submitted under Section 304 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that both the informant's side and the petitioners' side had a civil dispute and the immediate cause of occurrence was demarcation being done by the petitioners regarding the disputed land for which Bithan P.S. Case No. 60 of 2017 was pending. Objecting to the said demarcation, the informant's side objected and the petitioners with other persons including 16 in number came variously armed with lathi, danda and rod and started assaulting the informant's side. When one co-villager Nathuni Yadav came to resolve, he was also beaten, as a result said Nathuni Yadav succumbed to the injuries and one Ramchandra Yadav also had fractured hand. It has been informed by the counsel for the informant that even Ramchandra Yadav during course of treatment, succumbed to the injuries which has been seriously disputed by the counsel for the petitioners as no evidence has been produced by the counsel for the informant.
It has been submitted by the learned counsel for the Patna High Court Cr.M isc. No.58324 of 2018 (3) dt.31-10-2018 3/6 petitioners that they are innocent, two cases pending earlier against them related to the dispute of land between both the parties and that there was a free fight between the parties on the date of occurrence. He submits that general and omnibus allegations have been levelled against the petitioners and others being 16 in number and a counter case was also lodged by the petitioners' side regarding the same incident being Bithan P.S. Case No. 126 of 2017. He further submits that charges have been framed only on 14.08.2018 and none of the witnesses have been examined as yet by the trial court.
Learned counsel for the informant, however, submits that earlier order dated 12.07.2018 passed in Cr. Misc. No. 29591 of 2018 that there were two reports regarding the medical report which was given by the Primary Health Centre which showed that the deceased Nathuni Yadav was unconscious, vomiting with convulsion and head injuries but thereafter the postmortem report by a eye surgeon has not found any external or internal injury in the said postmortem report. Since at the behest of the informant, Superintendent of Police was to constitute a Medical Board but since the body was disposed off there was no occasion for constitution of the Medical Board.
Learned APP for the State also opposes the prayer for Patna High Court Cr.M isc. No.58324 of 2018 (3) dt.31-10-2018 4/6 bail.
Considering the facts and circumstances and the materials on record as well as the contradiction in the report and since trial has not made much headway even after one year of occurrence, let petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Samastipur in Sessions Trial No. 395 of 2018 arising out of Bithan P.S. Case No. 125 of 2017, subject to the conditions that:
(1) One of the bailors would be a close relative of the petitioners having sufficient immovable property, who will file an affidavit stating his relationship with the petitioners.
(2) Petitioners will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of their bail Patna High Court Cr.M isc. No.58324 of 2018 (3) dt.31-10-2018 5/6 bonds.
(3) If the petitioners indulge in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of their bail bonds.
In the order dated 12.07.2018 passed in Cr. Misc. No. 29591 of 2018 the two reports one of the Primary Health Centre, Samastipur which specified that the deceased Nathuni Yadav was unconscious, vomiting, convulsion and head injury has been contradicted in the postmortem report. The postmortem report conducted at Samastipur by Dr. Birendra Kumar Roy who was eye surgeon and not by FMT specialist, this Court directed to Principal Secretary, Health Department to look into the matter and submit a report within four weeks and the Registrar General, Patna High Court was directed to make available all the records of the present case including the photo copy of the case diary to the Principal Secretary, Health Department but in spite of the said order, no report has been furnished by the Principal Secretary, Health Department or either the Registrar General.
Let the Registrar General, Patna High Court find out the progress made in pursuance to the earlier direction dated 12.07.2018 in Cr. Misc. No. 29591 of 2018 and submit a Patna High Court Cr.M isc. No.58324 of 2018 (3) dt.31-10-2018 6/6 report within two days.
Let the copy of the order be sent to the Registrar General, Patna High Court for necessary action.
(Nilu Agrawal, J)
Devendra/Priyanka
U T