Gohman Yadav @ Gehuman Yadav @ Akhilesh ... vs The State Of Bihar on 9 July, 2018

[Cites 14, Cited by 1]

Patna High Court - Orders

Gohman Yadav @ Gehuman Yadav @ Akhilesh ... vs The State Of Bihar on 9 July, 2018

Bench: Mohit Kumar Shah

   IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Criminal Miscellaneous No.27085 of 2018
   Arising Out of PS.Case No. -208 Year- 2017 Thana -PARASBIGHA District- JEHANABAD
======================================================
1. Sita Yadav S/o Chandradeo Yadav @ Chandeshwar Yadav, R/o Vill.-
Chotki Kako, P.S.- Kako, District- Jehanabad.

                                                              .... ....   Petitioner/s
                                      Versus
1. The State of Bihar
                                          .... .... Opposite Party/s
======================================================
                             with
           Criminal Miscellaneous No.27364 of 2018
   Arising Out of PS.Case No. -208 Year- 2017 Thana -PARASBIGHA District- JEHANABAD
======================================================
1. Bhuin @ Bhuin Yadav @ Ramesh Yadav S/o Late Ambika Yadav, R/o
Vill.- Harpur, P.S.- Jehanabad (Koraona O.P.), Distt.- Jehanabad.

                                                              .... ....   Petitioner/s
                                      Versus
1. The State of Bihar
                                          .... .... Opposite Party/s
======================================================
                             with
           Criminal Miscellaneous No.31466 of 2018
   Arising Out of PS.Case No. -208 Year- 2017 Thana -PARASBIGHA District- JEHANABAD
======================================================
1. GOHMAN YADAV @ GEHUMAN YADAV @ AKHILESH YADAV
S/o Late Ram Krit Yadav, R/o Vill.- Nishirabigha, P.S.- Parsbigha, District-
Jahanabad.

                                                              .... ....   Petitioner/s
                                      Versus
1. The State of Bihar
                                                  .... .... Opposite Party/s
======================================================
Appearance:
(In Cr.Misc. No.27085 of 2018)
For the Petitioner/s     :    Mr. Krishna Pd. Singh, Sr. Advocate
                              Mr. Rakesh Singh
For the Informant         :   Mr. Nitesh Kumar
(In Cr.Misc. No.27364 of 2018)
For the Petitioner/s     : Mr. Surendra Kumar Mishra
For the Opposite Party/s    : Mr. Sri Satyavarat Verma
(In Cr.Misc. No.31466 of 2018)
For the Petitioner/s     : Mr. Birendra Kumar
For the Opposite Party/s    : Mr. Sri Ashok Kumar Singh-1
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
       Patna High Court Cr.M isc. No.27085 of 2018 (3) dt.09-07-2018

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3   09-07-2018

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in connection with Parasbigha P.S. Case No. 208 of 2017 for the offences punishable under Sections 302, 307, 341, 342, 448, 458, 323, 325, 504, 506, 147, 148 and 149 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation as per the case lodged by the informant is that the prosecution side had a dispute regarding passage with one of the accused persons namely Lali Yadav and on the date of occurrence about 15-16 persons, some named in the FIR and some unknown persons came and assaulted the informant side leading to death of three persons of the prosecution side.

The learned senior counsel appearing for the petitioners in the first case has submitted that as far as this petitioner is concerned, there is no specific allegation of having assaulted the three deceased persons.

It is submitted by the learned counsel for the petitioners of the other two cases that the petitioners are innocent and there is no specific allegation and in fact only general and omnibus allegations have been levelled against the said accused persons. The petitioners of two cases are said to be languishing in custody since the month of December, 2017.

Patna High Court Cr.M isc. No.27085 of 2018 (3) dt.09-07-2018

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Per contra, the learned counsel for the informant has submitted that the petitioners of first two cases are the person, who have caused injuries on the injured person of the prosecution side and the injured persons have named the said accused persons subsequently. It is further submitted that as far as the petitioner of the third case is concerned, he is said to have assaulted the deceased namely Raju Kumar, hence all the aforesaid petitioners of all the three cases have grave complicity in the matter. Nonetheless, the learned senior counsel has submitted that the trial is going on and some of the prosecution witnesses have been examined.

Having regard to the facts and circumstances of the case, I direct for expediting the trial and the trial court is directed to complete the trial within a period of nine months from today.

The petitioners are granted liberty to renew their prayer for bail after completion of nine months in case trial is not completed.

The petitions are disposed of with the aforesaid directions and liberty.

(Mohit Kumar Shah, J) S.Sb/-

U           T

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Patna High Court - Orders