Patna High Court - Orders
Shivchand Yadav @ Shiv Chandra Yadav & ... vs The State Of Bihar on 17 October, 2014
Author: Aditya Kumar Trivedi
Bench: Aditya Kumar Trivedi
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28888 of 2014
Arising Out of PS. Case No. -90 Year- 2014 Thana -MAHARAJGANJ District- SIWAN
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RAMAYAN PRASAD @ RAMAYAN YADAV SON OF LATE
BRAHMDEO YADAV RESIDENT OF VILLAGE FALPURA, P.S. - G.B.
NAGAR, DISTRICT - SIWAN.
.... .... PETITIONER/S
VERSUS
THE STATE OF BIHAR .... .... OPPOSITE PARTY/S
======================================================
with
Criminal Miscellaneous No.35518 of 2014
Arising Out of PS. Case No. -90 Year- 2014 Thana -MAHARAJGANJ District- SIWAN
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1. SHIVCHAND YADAV @ SHIV CHANDRA YADAV SON OF
GIRIDHARI YADAV
2. SUBASH YADAV SON OF SHEOCHAND YADAV
3. SANTOSH YADAV SON OF MOKHTAR YADAV.
ALL RESIDENT OF VILLAGE- PHALPURA, P.S.- G.B. NAGAR,
DISTRICT- SIWAN
.... .... PETITIONER/S
VERSUS
THE STATE OF BIHAR .... .... OPPOSITE PARTY/S
======================================================
Appearance:
(In Cr. Misc. No.28888 of 2014)
For the Petitioner/s : Mr. Ajay Kumar Thakur, Adv.
For the informant : Mr. Ranjeet Kumar Pandey, Adv.
For the State : Mr. Madan Kr., Addl. P.P. Incharge
(In Cr. Misc. No.35518 of 2014)
For the Petitioner/s : Mr. Dr. Amrendra Kumar, Adv.
Mr. Ajay Kumar Pandey, Adv.
For the informant : Mr. Ranjeet Kumar Pandey, Adv.
For the State : Mr. Shantanu Kumar, Adv.
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CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI
ORAL ORDER
3 17-10-2014Criminal Miscellaneous No.28888 of 2014 wherein Ramayan Prasad @ Ramayan Yadav is the petitioner, Criminal Miscellaneous No.35518 of 2014 wherein Shivchand Yadav @ Shiv Chandra Yadav, Subash Yadav, Santosh Yadav are the petitioners commonly originate out of Maharajganj (G.B. Nagar) Patna High Court Cr.Misc. No.28888 of 2014 (3) dt.17-10-2014 2 P.S. Case No.90 of 2014 and on account thereof, have been heard together and are being disposed of by a common order.
Heard learned counsel for the petitioner, learned Additional Public Prosecutor assisted by learned counsel for the informant.
Informant who is son of deceased gave his fardbeyan at Siwan Hospital on 10-04-2014 at about 12-15 hours alleging inter alia that while his father was returning to his house after closing his shop he was intercepted by the criminals in between brick kiln as well as school and brutally assaulted by means of 'Chura' giving indiscriminate blows. On cry raised by his father he along with co-villagers rushed to the spot and found his father in pool of blood and was uttering Sunil Kumar Yadav, Subhash Yadav, Ramjee Yadav, Sheochandra Yadav, Santosh Yadav, Ramayan Yadav have assaulted. The motive for occurrence has been shown as long standing enmity. Then injured was taken to hospital where was declared dead.
Learned counsel for the petitioners submitted that none is an eye witness to occurrence. Informant, purposely and intentionally introduced the theme of dying declaration which has not been substantiated by the witnesses during course of investigation as well as in likewise manner, presence of informant at the place of occurrence. It has also been disclosed that Sheodut Yadav and Munna Yadav are the FIR attesting Patna High Court Cr.Misc. No.28888 of 2014 (3) dt.17-10-2014 3 witnesses whose statement have been recorded under para-5 as well as 6 of the case diary. After going through the same more particularly of Sheodut Yadav, it is evident that he was the person who first arrived at the place of occurrence and after flashing torch found these petitioners along with others fleeing. He found the deceased in injured condition and thereafter informant along with other witnesses came. He had not uttered a single word regarding dying declaration as well as physical as well as mental condition of the injured, and in likewise manner Munna Yadav in para-6 had stated wherein he said that he came to know from informant regarding assault over his father by these petitioners along with others. That happens to be the statement of other witnesses recorded under para-11, para-12, para-13, para-14 of the case diary. It has also been submitted that deceased was of questionable character and the aforesaid event has been found after tracing out the call details of the mobile possessed by the deceased. The manner of occurrence has not been challenged rather complicity of these petitioners along with others and that too in the background of dispute prevailing since before.
The learned Additional Public Prosecutor assisted by the learned counsel for the informant vehemently opposed the prayer for bail and submitted that there happens to be specific disclosure by the informant in the fardbeyan regarding dying declaration whereunder all the petitioners along with Patna High Court Cr.Misc. No.28888 of 2014 (3) dt.17-10-2014 4 others have been shown as an assailant. It has also been submitted that altogether six accused persons have been named in the fardbeyan and seven injuries have been found over the person of deceased therefore the injuries were resultant of the blows given by these petitioners including others and on account thereof, they do not deserve bail. It has also been submitted that I.O. had gone in camp of accused and had favoured on account thereof, protest petition had already been filed.
Taking into account, the totality of the event, petitioners Ramayan Prasad @ Ramayan Yadav, Shivchand Yadav @ Shiv Chandra Yadav, Subash Yadav, Santosh Yadav are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Maharajganj (G.B. Nagar) P.S. Case No.90 of 2014.
(Aditya Kumar Trivedi, J.) PN/-
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