Patna High Court - Orders
Mani Bhushan Yadav vs The State Of Bihar on 2 December, 2023
Author: Chandra Prakash Singh
Bench: Chandra Prakash Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26777 of 2023
Arising Out of PS. Case No.-299 Year-2021 Thana- CHHAURADANO District- East
Champaran
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1. Mani Bhushan Yadav, S/O Bhagirath Rai @ Bhagirath Ray, Male, R/V- Jai
Nagar @ Kathariya, P.S.- Chauradano, District- East Champaran.
2. Harendra Rai @ Harendra Prasad Yadav, Male, S/O Ram Surat Rai, R/V-
Kathariya, P.S.- Chauradano, District- East Champaran.
3. Shyam Bihari Sah, Male, S/O Ramashray Sah, R/V- Juafar, P.S.-
Chauradano, District- East Champaran.
4. Bhunesh Pashwan, Male, S/O Jiryodhan Pashwan, R/V- Juafar, P.S.-
Chauradano, District- East Champaran.
5. Madan Mian @ Iantahajul Mian, Male, S/O Tabarakh Mian, R/V- Juafar,
P.S.- Chauradano, District- East Champaran.
6. Siyapati Devi @ Siya Devi, Female, Wife Of Pookar Paswan, R/V- Jai
Nagar, P.S.- Chauradano, District- East Champaran.
7. Prem Paswan, Male, S/O Mishri Paswan, R/V- Jai Nagar, P.S.- Chauradano,
District- East Champaran.
8. Pathri Devi, Female, W/O Bhaju Paswan, R/V- Juafar, P.S.- Chauradano,
District- East Champaran.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
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Appearance :
For the Petitioners : Mr. Ravi Raj, Advocate
For the Opposite Party : Mr. Binod Kumar, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH
SINGH
ORAL ORDER
4 02-12-2023Vide order dated 23.05.2023, prayer for anticipatory bail application on behalf of the petitioner no. 4, namely, Bhunesh Pashwan, has already been dismissed as withdrawn.
2. Heard learned counsel for the rest petitioners and learned A.P.P. for the State.
3. Vide order dated 10.10.2023, legible carbon copy Patna High Court CR. MISC. No.26777 of 2023(4) dt.02-12-2023 2/3 of the case diary alongwith postmortem report in connection with Chhauradano P.S. Case No. 299 of 2021 from the court of learned Sub-Divisional Judicial Magistrate-VI, Motihari was called for but from perusal of the office notes dated 30.11.2023, it appears that the case diary has been received but postmortem report has not yet been received in this Court.
4. In compliance of the aforesaid order dated 10.10.2023, a Letter No. 209 dated 24.11.2023 has been received from the Judicial Magistrate-Ist Class, Raxaul at Motihari, East Champaran. From perusal of the aforesaid letter, it is evident that there is no postmortem report available on the record alongwith the case diary.
5. After perusal of the present case, it seems that the present case i.e., Chhauradano P.S. Case No. 299 of 2021 dated 15.11.2021 has been registered under Sections 188, 147, 148, 149, 341, 323, 324, 326, 307, 332, 333, 353, 379, 337, 338, 290, 427, 171(C), 171 (H) of the I.P.C. and Section 126 of the R.P. Act and the present case has not been registered under Section 302 of the I.P.C.
6. This Court deems it appropriate to call for a report from the Superintendent of Police, Motihari, as to whether any person has died in connection with Chhauradano P.S. Case No. Patna High Court CR. MISC. No.26777 of 2023(4) dt.02-12-2023 3/3 299 of 2021 or not. If any person has died in the aforesaid case, send a report alongwith postmortem report to this Court immediately.
7. Put up this matter after two weeks under appropriate heading.
8. In the meantime, no coercive steps shall be taken against the petitioner nos. 1, 2, 3 and 5 to 8 (except petitioner no. 4, namely, Bhunesh Pashwan) in connection with Chhauradano P.S. Case No. 299 of 2021, pending in the court of learned S.D.J.M.-VIth, Motihari.
(Chandra Prakash Singh, J) U.K./-
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