Patna High Court - Orders
Gorakh Yadav@Shiv Prasad Yadav vs The State Of Bihar on 14 May, 2012
Author: Hemant Kumar Srivastava
Bench: Hemant Kumar Srivastava
Patna High Court Cr.Misc. No.13253 of 2012 (3) dt.14-05-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13253 of 2012
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Gorakh Yadav @ Shiv Prasad Yadav
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
SRIVASTAVA
ORAL ORDER
3 14-05-2012Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State assisted by learned counsel appearing for the informant.
Petitioner is named in the first information report on the allegation that he jumped on the chest of the deceased and it is stated that sword blow was given on the leg of the deceased by this petitioner and the aforesaid fact has been supported by the witnesses in course of investigation.
The contention of learned counsel for the petitioner is that there is case and counter case between the parties and petitioner as well as his wife too, sustained injury in the aforesaid occurrence which is evident from perusal of Annexure- 3 as well as Annexure-4 to this petition. It is contended by him that as a matter of fact, a free fight took place between the parties on account of land dispute and in the aforesaid fight, the deceased Patna High Court Cr.Misc. No.13253 of 2012 (3) dt.14-05-2012 sustained injury on his leg, said to be caused by Farsa by this petitioner. It is contended on behalf of the petitioner that had the petitioner intention to commit the murder of the deceased, he would not have given Farsa blow on the leg of the deceased.
The postmortem report of deceased reveals that the deceased sustained two injuries; one injury on his head whereas; second injury on his leg. So, even if, the aforesaid materials are taken into consideration, then also, the petitioner has given only single blow on the leg of the deceased. So far as allegation of jumping on the chest of the deceased against the petitioner is concerned, admittedly, no injury has been found on the chest of the deceased and the deceased died on account of the above-said two injuries.
Learned counsel for the informant drew my attention towards paragraph-12 of the bail petition as well as order dated 08-02-2012 and 15-02-2012 passed in Cr. Misc. Nos. 5989 of 2012 and 4390 of 2012 respectively and submitted that it is an admitted case of the petitioner that he gave Farsa blow on the leg of the deceased and it had been argued on behalf of the accused persons at the time of consideration of the bail petition of other co-accused persons that it was the petitioner who committed murder of the deceased.
Patna High Court Cr.Misc. No.13253 of 2012 (3) dt.14-05-2012
Considering the aforesaid facts and circumstances of the case as well as submission of the parties, particularly, keeping in mind that only single blow is said to have been given by the petitioner i.e. too on the leg of the deceased, let the petitioner, namely, Gorakh Yadav @ Shiv Prasad Yadav be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sessions Trial No. 194 of 2012 arising out of Bihta P.S. Case No. 297 of 2011 to the satisfaction of Additional Sessions Judge-VI, Danapur, District-Patna.
(Hemant Kumar Srivastava, J) A.K.V./-