Devendra Prasad Yadav vs The State Of Bihar on 13 May, 2019

[Cites 15, Cited by 0]

Patna High Court - Orders

Devendra Prasad Yadav vs The State Of Bihar on 13 May, 2019

Bench: Shivaji Pandey

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31499 of 2019
                    Arising Out of PS. Case No.-28 Year-2019 Thana- RUNISAIDPUR District- Sitamarhi
                 ======================================================
             1. Devendra Prasad Yadav, aged about 50 years, Male, son of late Bhola Rai,
                 resident of Village Dhanushi, at present, Saidpur Jhugi Jhopri, P.S.
                 Runnisaidpur, Dist. Sitamarhi.
             2. Lal Babu Mahto, aged about 36 years, Male, son of Yogendra Mahto.
             3. Md. Akhtar, aged about 45 years, Male, son of late Yusuf Laheri.
             4. Md. Mustaque aged about 40 years, Male, son of late Joolmi Miyan.
             5. Upendra paswan, aged about 48 years, Male, son of Garbhu Paswan.
             6. Vishwanath Thakur, aged about 60 years, Male, son of late Ram Sarwan
                 Thakur.
             7. Suresh Sahni, aged about 48 years, Male, son of Gagan Dev Sahani.
             8. Ram Krit Sahni, aged about 28 years, Male, son of Ram Chandra Sahni.
             9. Ramesh Sahni, aged about 50 years, Male, son of late Lathuni Sahani.
                 All 2 to 9 are residentos of Mohalla/Village Saidpur Jhugi Jhopri, P.S.
                 Runnisaidpur, Dist. Sitamarhi.
             10. Faku Rai aged about 84 years, Male, son of late Sampat Rai.
             11. Shankar Paswan, aged about 41 years, male, son of Late Yogendra Paswan.
             12. Ram Jeevan Mahto, aged about 32 years, Male, son of Puran Mahto.
             13. Hari Mandal aged about 39 years, Male, son of Baidyanath Mandal.
             14. Abhishek Kumar, aged about 30 years, Male, son of Surendra Prasad
                 Yadav @ Devendra Prasad Yadav.
             15. Ram Sanyog Rai, aged about 58 years, Male, son of late Surendra Rai @
                 Challittar Ray.
                 All 10 to 15 are resident of Village Dhanuki at present Mohalla/Village
                 Saidpur Jhugi Jhopri, P.S. Runnisaidpur, Dist. Sitamarhi.
             16. Madan Rai aged about 40 years, Male, son of Nageshwar Rai @ Naga Rai.
             17. Suresh Baitha, aged about 54 year, Male, son of Late Yogendra Baita.
                 Both 16 and 17 are resident of Village Barharwa, P.S. Bajpatti, Dist.
                 Sitamarhi.
             18. Ram Sagar aged about 62 years, Male, son of Bhola Rai.
             19. Indal Rai, aged about 44 years, Male, son of Bhola Rai.
                 Both 18 and 19 are resident of Village Runnisaidpur (Dhanuki) at present
                 Mohalla/Village Saidpur Jhugi Jhopri, P.S. Runnisaidpur, Dist. Sitamarhi.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shakti Suman Kumar
                 For the Opposite Party/s :       Mr.Ashok Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
                                       ORAL ORDER

2   13-05-2019

Heard learned counsel for the petitioners and learned Patna High Court CR. MISC. No.31499 of 2019(2) dt.13-05-2019 2/3 counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Runnisaidpur P.S. Case No. 28 of 2019 registered for offences under sections 147, 148, 149, 341, 323, 307, 379, 337, 427, 420, 120B, 353, 504, 333 and 506 of the Indian Penal Code.

Learned counsel for the petitioners submits that on account of non-distribution of Parcha, a Dharna was organized and the people were sitting there. The Dharna was agaisnt the then Block Development Officer who was supposed to distribute the Parcha to the beneficiaries but, the said Block Development Officer hired two criminals, namely, Md. Chand, Kisan Paswan and Atau Rahman, they threw bomb upon the person sitting at Dharna which led to death of one person.

Learned counsel for the petitioners submits that in defence, the present case has been lodged and that too after 24 hours to cover the misdeeds of the criminals who threw bomb on the protesters which led to institution of Runnisaidpur P.S. Case No. 27 of 2019. It has further been submitted that the accused persons entered into the office, manhandled and also ransacked the entire office. He against submits that in reality, it is the Informant of this case who is involved in the alleged Patna High Court CR. MISC. No.31499 of 2019(2) dt.13-05-2019 3/3 incident in which one person has died.

Call for a legible carbon copy of the case diary from the Court of learned Chief Judicial Magistrate, Sitamarhi in connection with Runnisaidpur P.S. Case No. 28 of 2019 as also Runnisaidpur P.S. Case No. 27 of 2019.

Let this case be listed after three weeks. In the meantime, no coercive action shall be taken against the petitioners, above named.

(Shivaji Pandey, J) rishi/-

U         T

Unlock Advanced Research with PRISMAI

Patna High Court - Orders