Patna High Court - Orders
Sujeet Kumar vs The State Of Bihar on 26 June, 2020
Author: Prabhat Kumar Jha
Bench: Prabhat Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5040 of 2020
Arising Out of PS. Case No.-345 Year-2019 Thana- GRIYAK District- Nalanda
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1. DEEPAK KUMAR Son of Ram Saran Yadav Resident of Village-Giriyak,
P.S.-Giriyak, District-Nalanda.
2. Vivek Roy @ Vivek Rai @ Vivek Kumar Son of Ram Saran Yadav Resident
of Village-Giriyak, P.S.-Giriyak, District-Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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with
CRIMINAL MISCELLANEOUS No. 13521 of 2020
Arising Out of PS. Case No.-345 Year-2019 Thana- GRIYAK District- Nalanda
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SUJEET KUMAR Son of Late Prasadi Prasad Resident of Village - Giriyak,
P.S.- Giriyak, Distt.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 5040 of 2020)
For the Petitioner/s : Mr.Yogesh Chandra Verma, Sr. Adv.
For the Informant : Mr.Rajendra Narain, Sr. Adv.
For the State : Mr.B.N.Pandey, A.P.P.
Mr. Sanjay Kumar Tiwary, A.P.P.
(In CRIMINAL MISCELLANEOUS No. 13521 of 2020)
For the Petitioner/s : Mr.Yogesh Chandra Verma, Sr. Adv.
For the Informant : Mr.Rajendra Narain, Sr. Adv.
For the State : Mr. B.N.Pandey, A.P.P.
Mr.Sanjay Kumar Tiwary, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA
ORAL ORDER
7 26-06-2020Heard Mr. Yogesh Chandra Verma, learned senior counsel for the petitioners duly assisted by Mr. Niranjan Kumar, learned counsel, Mr. Rajendra Narain, learned senior counsel for the informant as well as Mr. B.N.Pandey and Mr. Sanjay Kumar Patna High Court CR. MISC. No.5040 of 2020(7) dt.26-06-2020 2/6 Tiwary, learned A.P.Ps. for the State through Video Conferencing.
The petitioners seek bail in Giriyak P.S. Case No.345 of 2019, corresponding to Sessions Trial No.623 of 2019 registered under Sections 147, 148, 149, 341, 323, 324, 302 and 506 of the Indian Penal Code.
The informant, son of the deceased, alleged that on 01.10.2019 at about 7 A.M. in the morning, on the date of occurrence, his father(Mishri Prasad @ Mishri Gope) who was not residing in the house for last ten years came. The informant was sitting at his darwaza but all of a sudden, Ram Sharan Yadav, Indradeo Yadav, Umesh Yadav, Sujeet Kumar(petitioner of Cr. Misc. No.13521 of 2020), Deepak Kumar and Vivek Rai(petitioner Nos.1 and 2 of Cr. Misc. No.5040 of 2020), Kunal Kumar all surrounded his father. On the order of Indradeo Yadav, to kill the father of the informant, Ram Sharan Yadav assaulted his father with lathi on his head. The father of the informant fell down on the ground. Thereafter, all the accused persons indiscriminately assaulted the father of the informant with lathi till his father died. Consequently, his father died. It is further alleged that Kunal Kumar, Vivek Rai and Deepak Kumar also assaulted his father on his testicles. When the informant and Patna High Court CR. MISC. No.5040 of 2020(7) dt.26-06-2020 3/6 Vijay Kumar, brother of the informant went to save, they were pushed down and accused persons threatened to kill them also.
Mr. Yogesh Chandra Verma, learned senior counsel for the petitioners submits that petitioners are of course named in the F.I.R. but omnibus and general allegation is made that the petitioners along with other accused persons assaulted the deceased till he died but no specific allegation is made. In the later part of the F.I.R., the informant alleged that Deepak Kumar, Vivek Rai and Kunal Kumar assaulted the deceased on testicles as well with a view to kill him. The post-mortem report does not support the allegation of the prosecution. From perusal of the post-mortem report, the deceased found one injury over right side of head. One injury was found on the back of chest and third injury was found on the left side of chest. No injury on the testicle was found. Kunal Kumar, Inderdeo Yadav and Umesh Yadav have already been granted bail. The case of the petitioner stands on the same footing as that of Kunal Kumar and Umesh Yadav and, therefore, the petitioners deserve bail.
Mr. Rajendra Narain, learned senior counsel for the informant as well as Mr. B.N.Pandey and Mr. Sanjay Kumar Tiwary, learned A.P.Ps. vehemently opposed the prayer for bail and submit that there is allegation that Ram Sharan Yadav was Patna High Court CR. MISC. No.5040 of 2020(7) dt.26-06-2020 4/6 the first assailant who assaulted the deceased with lathi on his head. The deceased after having received the blow with lathi on head fell down on the ground. Thereafter, the informant made allegation that the accused persons including three petitioners indiscriminately assaulted the deceased with lathi till the death of the deceased. Therefore, the second part of the allegation that the petitioners also assaulted the deceased on his testicles is immaterial. Of course, the doctor did not find any injury on the testicles but from perusal of the post-mortem report, it does not show that doctor also examined the other parts of the body of the deceased. It is further submitted that Inderdeo Prasad has been granted bail but the person who sworn affidavit stated wrong facts with regard to the criminal antecedent of Inderdeo Yadav. Sujeet Kumar(petitioner of Cr. Misc. No.13521 of 2020) got as many as 11 criminal cases in his credit but in para 3 of the bail petition, the person who sworn affidavit stated about only four cases pending against Sujeet Kumar. Similarly, Deepak Kumar is accused in Deepnagar P.S. Case No.107 of 2019 but this fact was also concealed and when this fact was brought to the notice of the Court, learned counsel for the petitioner filed another supplementary affidavit. On behalf of Indradeo Yadav, a modification petition is also filed. It is further submitted that Patna High Court CR. MISC. No.5040 of 2020(7) dt.26-06-2020 5/6 regular bail of Ram Sharan Yadav who is alleged to have assaulted the deceased with lathi on his head has already been rejected by order dated 05.06.2020 passed in Cr. Misc. No.13033 of 2020 by a co-ordinate Bench of this Court. Therefore, some persons have been granted bail on concealment of facts and petitioners do not deserve bail.
Perused the F.I.R. and the case diary. The informant alleged that while his father was coming after ten years, the petitioners and other accused persons suddenly appeared and surrounded his father. On the order of Inderdeo Yadav, Ram Sharan Yadav assaulted the father of the informant with lathi on his head. Thereafter, the informant alleged that all the accused persons including these three petitioners indiscriminately assaulted the father of the informant with lathi till he died and thereafter, Deepak Kumar, Vivek Rai and Kunal Kumar are alleged to have assaulted the deceased on his testicles. From perusal of the post-mortem report, it appears that three ante mortem injuries were found on the body of the deceased. One injury was found on the head which is attributed to Ram Sharan Yadav and bail petition of Ram Sharan Yadav has already been rejected by a co-ordiante Bench of this Court vide order dated 05.06.2020 passed in Cr. Misc. No.13033 of 2020. Two injuries Patna High Court CR. MISC. No.5040 of 2020(7) dt.26-06-2020 6/6 were found on the back and left side of the chest. The injuries show that heart and lungs of the deceased were punctured. On the face of it, it appears that repeated blows were given on the back and chest of the deceased causing complete rupture of heart and lungs of the deceased. The author of the injuries are all the accused persons including the petitioners.
Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioners on bail at this stage. Accordingly, the same is rejected.
The trial court is directed to expedite the trial and hold the same on day to day basis and conclude the same within nine months from the date of receipt of this order.
The S.P., Nalanda at Biharsharif is directed to ensure the attendance of the witnesses so that the trial must be concluded within nine months.
Let a copy of this order be sent to the S.P., Nalanda at Biharsharif and the trial court for information and needful.
If the trial is not concluded within nine months, the petitioners may renew their prayer for bail.
(Prabhat Kumar Jha, J) Saurabh/-
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