Patna High Court - Orders
Paras Yadav @ Paras Nath Yadav vs The State Of Bihar on 22 August, 2019
Author: Rajendra Kumar Mishra
Bench: Rajendra Kumar Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33546 of 2019
Arising Out of PS. Case No.-9 Year-2019 Thana- MAIRWAN District- Siwan
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1. Paras Yadav @ Paras Nath Yadav, S/o Shree Prayag Yadav @ Shree Prayag
Prasad Yadav, R/o village- Phulwaria, P.S.- Mairwa, District- Siwan, at
present at Bousi Purdaha, P.S.- Mairwa, District- Siwan
2. Chandan Yadav @ Chandan Kumar, S/o Shree Paras Yadav @ Shree Prayag
Prasad Yadav, R/o village- Phulwaria, P.S.- Mairwa, District- Siwan, at
present at Bousi Purdaha, P.S.- Mairwa, District- Siwan
3. Deepak Kumar @ Pamu @ Pamu Kumar, S/o Shree Paras Yadav @ Shree
Paras Prasad Yadav, R/o village- Phulwaria, P.S.- Mairwa, District- Siwan, at
present at Bousi Purdaha, P.S.- Mairwa, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Satya Nand Shukla, Advocate.
For the Opposite Party/s : Md. Shakir Ahmad, APP
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CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
MISHRA
ORAL ORDER
3 22-08-2019Learned counsel for the petitioners is directed to make necessary correction in the cause title of the petition.
Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Mairwa P.S. Case No. 09 of 2019, registered under Sections 341, 323, 307 and 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
The accusation is that in the south of newly constructed house of informant Dharmendra Yadav, RCC road was to be constructed and due to that reason, Panchayati was arranged, in Patna High Court CR. MISC. No.33546 of 2019(3) dt.22-08-2019 2/3 which, it was decided that after leaving one feet land from the wall of the house of the informant, RCC road will be constructed. In the morning of 12.01.2019, contractor along with labourers came there and dumped the materials, putting the wooden logs on the land started to construct the road. On which, Dilip Yadav and Ravi Yadav, both brother and nephew of Prayag Yadav came and asked to contractor to construct RCC road touching the wall of the house of the informant. Thereafter, scuffle started in between the informant and Ravi Yadav. At that time, Dilip Yadav came there and fired through rifle at the forehead of Krishna Yadav, brother of the informant and he fell down. When Manu Yadav, nephew of the informant came to rush Krishna Yadav then Prayag Yadav shot fire at him through double barrel gun which hit at his left knee. In the meantime, wife of Prayag Yadav came with katta and made firing 2- 3 round. Dilip Yadav and Prayag Yadav having gun in their hand also opened fire 5-6 round then informant and his family members conceal themselves. At that time, Paras Yadav @ Paras Nath Yadav, Hareram, Chandan Yadav and Pammu Yadav came there and started to assault through lathi, stick and bricks.
Learned counsel for the petitioners submits that while the petitioners are named in the F.I.R. with allegation that after firing they reached and caused assault through lathi, stick and bricks, but out of seven injuries found on the persons of deceased, Sri Krishna Yadav, only two injuries below the left and right knee were found, Patna High Court CR. MISC. No.33546 of 2019(3) dt.22-08-2019 3/3 which is of abrasion that might be sustained on falling on the ground. The injuries, as found on the person of Baso Devi, are of simple in nature. In fact, occurrence took place with family members of the petitioners, in which, Prayag Yadav, Dilip Yadav, Ravi Yadav and wife of Prayag Yadav, who are family members of petitioners, were engaged in scuffle due to that reason, petitioners have falsely been implicated in this case and petitioners have no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VII, Siwan, in connection with Mairwa P.S. Case No. 09 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/-
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