Ram Kripal Yadav And Ors vs State Of Bihar And Anr on 29 November, 2023

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Patna High Court - Orders

Ram Kripal Yadav And Ors vs State Of Bihar And Anr on 29 November, 2023

Bench: Satyavrat Verma

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL MISCELLANEOUS No.49705 of 2017
      Arising Out of PS. Case No.-122 Year-2015 Thana- DARBHANGA COMPLAINT CASE
                                       District- Darbhanga
     ======================================================
1.    Ram Kripal Yadav
2.   Ram Sogarath Yadav,
3.   Lala Yadav
4.   Lal Bahadur Yadav, Sons of Late Jagdish Yadav,
5.   Sudhir Chandra Yadav,
6.   Sujit Kumar Yadav, Both sons of Ram Kripal Yadav,
7.   Pandav Yadav,
8.   Pan Babu Yadav @ Pan Babu Kumar, Both sons of Ram Sogarath Yadav,
9.   Chandar Yadav, S/o Late Saryug Yadav,
10. Bindeshwar Yadav,
11. Kusheshwar Yadav, Both sons of Sheonandan Yadav,
12. Mukesh Yadav @ Mukesh Kumar Yadav
13. Rakesh Yadav, Both S/o Kusheswar Yadav,
14. Raja Yadav @ Raja Kumar Yadav, S/o Sita Ram Yadav,
15. Jhingur Yadav, S/o Late Panchu Yadav,
16. Sunil Kumar Yadav, S/o Maksudan Yadav,
17. Siya Lakhan Yadav, S/o Late Bhola Yadav,
18. Rabindra Yadav, S/o Bindeshwar Yadav,
19. Lal Yadav,
20. Rajendra Yadav, Both sons of Yadunandan Yadav,
21. Musa Yadav, S/o Late Buchchan Yadav,
22. Rajkishore Yadav,
23. Pawan Yadav @ Pawan Kumar Yadav,
24. Amit Yadav,
25. Mandir Kr. Yadav @ Mahendra Kumar Yadav,
26. Ram Biksh Yadav, all sons of Musa Yadav,
27. Baidnath Yadav, S/o Sita Ram Yadav, All residents of Village- Itharba, Tole-
    Baluahi, P.S.- Bahera, District- Darbhanga.

                                                               ... ... Petitioner/s
                                       Versus
1.   State Of Bihar
2.   Ram Bilas Yadav, S/o Mahanth Yadav, R/o Vill- Itharaba Tole, Baluahi, P.S.-
     Bahera, Distt- Darbhanga.
          Patna High Court CR. MISC. No.49705 of 2017(2) dt.29-11-2023
                                                     2/3




                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rudal Prasad, Adv.
                 For the Opposite Party/s :       Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-11-2023

1. Heard the learned counsel for the petitioners and the learned APP for the State.

2. The learned counsel for the petitioners at the outset seeks permission to withdraw the present quashing application with respect to petitioner no.11, Kusheshwar Yadav, petitioner no.15 Jhingur Yadav and petitioner no.17 Siya Lakhan Yadav, who died during pendency of the present quashing application.

3. Permission is accorded.

4. Issue notice to the opposite party no.2 by both modes i.e. speed post as well as ordinary post with A/D, for which necessary requisites must be filed on or before 08.12.2023, failing which the quashing application shall stand rejected without further reference to the Bench.

5. Put up this case on 29.01.2024.

6. In the meantime, the order dated 11.07.2016 passed by the learned A.C.J.M., Benipur, Darbhanga in Complaint Case bearing C.R. No.122/2015, whereby cognizance of offences under sections 147, 323 and 380 of the Indian Penal Code has Patna High Court CR. MISC. No.49705 of 2017(2) dt.29-11-2023 3/3 been taken, shall remain stayed.

7. The learned counsel for the petitioners submits that petitioner no.1 herein namely Ram Kripal Yadav had instituted Bahera P.S. Case No. 282/2015 dated 05.06.2015 under sections 147, 148, 149, 341, 323, 324, 307, 452, 380, 504 and 337 of the Indian Penal Code against the named accused persons, as detailed in the said F.I.R., it is further submitted that the O.P. No.2 herein was also an accused in the said Bahera P.S. Case No. 282/2015, as such, the O.P. No.2 by way of counter blast instituted the present complaint case against 27 accused persons, who are petitioners in the present quashing application, out of which, three persons have already died, as recorded hereinabove. It is further submitted that in Bahera P.S. Case, the victim during course of treatment died, accordingly section 302 of the Indian Penal Code was also added.

8. It is made clear that in the event if the stage of the case from the stage of cognizance has changed, in that event the present order shall not be given effect to.

(Satyavrat Verma, J) amit/-

U        T

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Patna High Court - Orders