Patna High Court - Orders
Sidheshwar Yadav vs The State Of Bihar on 4 October, 2012
Author: Shyam Kishore Sharma
Bench: Shyam Kishore Sharma, Amaresh Kumar Lal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (DB) No.827 of 2012
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1. Akhileshwar Yadav, Son of Late Chandrika Singh
2. Doman Yadav, Son of Late Ramkrit Yadav, Both Resident of
Village - Dhawa, P.S. - Jamhora, District - Aurangabad.
3. Madheshwar Yadav, Son of Late Briksha Yadav, Resident of
Village - Gijana, P.S. - Jamhore, District - Aurangabad.
.... .... Appellants
Versus
The State of Bihar
.... .... Respondents
======================================================
with
Criminal Appeal (DB) No.831 of 2012
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1. Binod Dubey, Son of Late Kuldeep Yadav, Resident of Village -
Dhawa, P.S. - Jamhore, District - Aurangabad.
2. Ram Rekha Rawani @ Ram Rekha Ram, Son of Late Chandraman
Ram, Resident of Village - Dhawa, P.S. - Jamhore, District -
Aurangabad.
.... .... Appellants
Versus
The State of Bihar
.... .... Respondent
======================================================
with
Criminal Appeal (DB) No.850 of 2012
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Sidheshwar Yadav, Son of Late Chandrika Singh, Resident of
Village - Dhawa, P.S. - Jamhore, District - Aurangabad.
.... .... Appellant
Versus
The State of Bihar
.... .... Respondent
======================================================
with
Criminal Appeal (DB) No.887 of 2012
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1. Rahi Ram Prasad Pandey
2. Sheo Prasad Pandey, Both Son of Late Bhagwan Pandey @ Jhojha
Pandey, Resident of Karkatpur, P.S. - Akorhigola, District - Rohtas.
.... .... Appellants
Versus
The State of Bihar
.... .... Respondent
======================================================
Appearance :
(In All the four appeals)
For the Appellants : Mr. Krishna Pd. Singh, Sr. Advocate.
For the Respondent : Mr. Ashwini Kumar Sinha, APP.
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Patna High Court CR. APP (DB) No.827 of 2012 (4) dt.04-10-2012 2
CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE
SHARMA
and
HONOURABLE MR. JUSTICE AMARESH KUMAR LAL
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA)
4 04-10-2012Heard learned Counsel for the appellants and for the State.
The appellants Akhileshwar Yadav, Doman Yadav and Madheshwar Yadav (in Cr. App (DB) No. 827 of 2012), Binod Dubey and Ram Rekha Rawani @ Ram Rekha Ram (in Cr. App (DB) No. 831 of 2012), Sidheshwar Yadav (in Cr. App (DB) No. 850 of 2012) and Rahi Ram Prasad Pandey and Sheo Prasad Pandey (in Cr. App (DB) No. 887 of 2012) have pressed their prayer for bail on receipt of the lower court records.
Dudheshwar Kumar Mishra (the deceased) went to Aurangabad Court and in the night on 09.09.1992, he was killed. It has been alleged that at the time of occurrence Sidheshwar Yadav and Akhileshwar Yadav were armed with Bhujali, Rahi Ram Pd. Pandey armed with Katari, Sheo Pd. Pandey armed with gun, Doman Yadav armed with Gadasi, Ragho Singh Rawani and Sheonath Rawani armed with Pasuli, Binod Dubey and Ram Rekha Rawani armed with Lathi and Madheshwar Yadav was armed with gun. The identification was in the moonlit light and it was alleged that Sidheshwar Yadav gave Bhujali blow and Rahi Patna High Court CR. APP (DB) No.827 of 2012 (4) dt.04-10-2012 3 Ram Pd. Pandey gave blows to the deceased by Katar. On alarm being raised Binod Dubey pressed his mouth. Ragho Singh and Sheonath Rawani assaulted the deceased by means of Pasuli on his head. Sheo Pd. Pandey and Madheshwar Yadav shot fire.
The post-mortem report describes that the incised wound were fatal for the deceased. The deceased's incised wound has been attributed against appellants Sidheshwar Yadav and Rahi Ram Pd. Pandey and not others.
Submission is that Rahi Ram Pd. Pandey is aged 70 years and he is suffering from black glaucoma. So far as allegation and evidence is concerned it appears that Rahi Ram Pd. Pandey and Sidheshwar Yadav were responsible for causing death.
Considering the facts and circumstances, we are not inclined to grant bail to the appellants Sidheshwar Yadav (in Cr. App (DB) No. 850 of 2012) and Rahi Ram Prasad Pandey (in Cr. App (DB) No. 887 of 2012). Accordingly their prayer for bail is rejected.
So far as other appellants Akhileshwar Yadav, Doman Yadav and Madheshwar Yadav (in Cr. App (DB) No. 827 of 2012), Binod Dubey and Ram Rekha Rawani @ Ram Rekha Ram (in Cr. App (DB) No. 831 of 2012) and Sheo Prasad Pandey (in Cr. App (DB) No. 887 of 2012) are concerned, during the Patna High Court CR. APP (DB) No.827 of 2012 (4) dt.04-10-2012 4 pendency of this appeal, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Ad hoc Additional Sessions Judge-IV, Aurangabad in connection with Sessions Trial No. 25 of 1993 / 178 of 2010.
The jail authority will see that appellant Rahi Ram Prasad Pandey is provided proper treatment inside the jail, if he requires any treatment.
(Shyam Kishore Sharma, J.) (Amaresh Kumar Lal, J.) KKSINHA/-