Patna High Court - Orders
Bhim Das vs The State Of Bihar on 11 January, 2016
Author: Jitendra Mohan Sharma
Bench: Jitendra Mohan Sharma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46580 of 2015
Arising Out of PS.Case No. -162 Year- 2015 Thana -MAKHDUMPUR District- JEHANABAD
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1. Bhim Das Son of Ram Bhajan Das, Resident of village- Makarpur, P.S.
Makhdumpur, District- Jehanabad
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
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with
Criminal Miscellaneous No.52361 of 2015
Arising Out of PS.Case No. -162 Year- 2015 Thana -MAKHDUMPUR District- JEHANABAD
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1. Niranjan Yadav @ Niranjan Kumar Yadav Son of Sri Ram Bhawan
Yadav Resident of Village - Makarpur (Tola Mithu Bigha), P.S. -
Makhdumpur, District - Jehanabad.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s
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Appearance :
(In Cr.Misc. No.46580 of 2015)
For the Petitioner/s : Mr. Kanhaiya Pd. Singh, Sr. Advocate.
Mr. Umesh Kumar, Advocate.
For the Opposite Party/s : Mr. Smt. Nirmala Kumari (App)
For the Informant : Mr. Ramakant Sharma, Sr. Advocate
Mr. Lima Shankar Sharma, Advocate
Mr. Shiv Kumar Prabhakar, Advocate
(In Cr.Misc. No.52361 of 2015)
For the Petitioner/s : Mr. Kanhaiya Pd. Singh, Sr. Advocate
Mr. Umesh Kumar, Advocate.
For the Opposite Party/s : Mr. Tapeshwar Sharma (App)
For the Informant : Mr. Ramakant Sharma, Sr. Advocate
Mr. Lima Shankar Sharma, Advocate
Mr. Shiv Kumar Prabhakar, Advocate.
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CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN
SHARMA
ORAL ORDER
4 11-01-2016Both the Criminal Miscellaneous are of the same Patna High Court Cr.Misc. No.46580 of 2015 (4) dt.11-01-2016 2/3 occurrence and as such have been heard together and are being disposed of by passing this common order.
Heard the learned counsel for the petitioners, the learned A.P.P. as also the learned counsel for the Informant.
The petitioners seek bail in a case for the offences punishable under sections 147, 148, 149, 341, 342, 325 and 302 of the I.P.C Allegedly, the petitioners and other co-accused took away Rajnish Kumar, the brother of the informant, forcibly after pulling him, co-accused Hari Narayan Yadav was instigating to kill and then Birendra Das and Brajesh Yadav were pressing the neck with lathi and the petitioners and Upendra Yadav, Arvind Kumar Yadav were assaulting with lathi and pressing the chest after climbing on his chest resulting the brother of the informant succumbed to the injuries.
Submission is of false implication and that the fardbeyan was recorded on 04.06.2015 at 8-15 A.M. at Jehanabad postmortem house after postmortem, whereas, from the arrest memo it reveals that the petitioner Niranjan Yadav @ Niranjan Kumar Yadav was arrested along with Hari Narayan Yadav on 03.06.2015 itself though on that date there was no case. The allegation as alleged does not find support from the postmortem Patna High Court Cr.Misc. No.46580 of 2015 (4) dt.11-01-2016 3/3 report, to which the learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for bail by submitting that in the postmortem report fracture of multiple ribs of both sides has been found by the doctor which substantiate the prosecution version and the petitioners have brutally assaulted the deceased.
In the facts and circumstances as stated above, considering the allegation attributed against the petitioners, serious in nature, this Court is not inclined to enlarge the petitioners on bail and accordingly their such prayer stand rejected in connection with Makhdumpur P.S. Case No. 162 of 2015 pending in the court of Sri Krishna Gopal, J.M. 1st Class, Jehanabad.
(Jitendra Mohan Sharma, J) Abhay/-
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