Patna High Court - Orders
Chhatish Yadav vs The State Of Bihar on 3 August, 2022
Author: Khatim Reza
Bench: Khatim Reza
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.240 of 2021
Arising Out of PS. Case No.-86 Year-2000 Thana- KASIMBAZAR District- Munger
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Chhatish Yadav Son of Devendra Yadav @ Devendra Prasad Yadav Resident
of Village - Herudiyara, P.S.- Kasim Bazar, Distt.- Munger.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (DB) No. 276 of 2021
Arising Out of PS. Case No.-86 Year-2000 Thana- KASIMBAZAR District- Munger
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1. Dilip Yadav S/O Bhuna Yadav R/O Village- Herudiyara, P.S.- Kasim Bazar,
District- Munger
2. Rana Yadav S/O Late Ram Balak Yadav R/O Village- Herudiyara, P.S.-
Kasim Bazar, District- Munger
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (DB) No. 328 of 2021
Arising Out of PS. Case No.-86 Year-2000 Thana- KASIMBAZAR District- Munger
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Suren Yadav Son Of Late Ashik Yadav Resident Of Village - Herudiyara, P.S.-
Kasim Bazar, Distt.- Munger.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (DB) No. 240 of 2021)
For the Appellant/s : Mr. Umesh Kumar, Advocate
For the Respondent/s : Mr. Satya Narayan Prasad, APP
(In CRIMINAL APPEAL (DB) No. 276 of 2021)
For the Appellant/s : Mr. Umesh Kumar, Advocate
For the Respondent/s : Mr. Manish Kumar No. 2, APP
(In CRIMINAL APPEAL (DB) No. 328 of 2021)
For the Appellant/s : Mr. Indu Bhushan, Advocate
For the Respondent/s : Mr. Ajay Mishra, APP,
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH and
HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH)
Patna High Court CR. APP (DB) No.240 of 2021(4) dt.03-08-2022
2/5
4 03-08-2022This appeal has been placed before us for considering the appellants' prayer for their release on bail and suspension of sentence during the pendency of this appeal under Section 389(1) of the Code of Criminal Procedure.
By the impugned judgment and order dated 12.02.2021/23.02.2021 passed by learned Additional Sessions Judge-III, Munger in Sessions Trial No. 346 of 2013 these appellants have been convicted and sentenced as under:
Appellant Sentence
Convicted under Section
Number Imprisonment Fine (Rs.) In default of fine
CRIMINAL APPEAL (DB) No.240 of 2021 302 of the I.P.C. Life imprison- 2000/- -
ment 364 of the I.P.C. R.I. for 3 years 500/- 15 days imprison-
ment 1. 201 of the I.P.C. R.I. for 2 years 500/- 15 days imprison-
ment Section 27 of the Arms Act R.I. for 3 years 500/- 15 days imprison-
ment CRIMINAL APPEAL (DB) No. 276 of 2021 302 of the I.P.C. Life imprison- 2000/- -
ment 364 of the I.P.C. R.I. for 3 years 500/- 15 days imprison-
ment 1. 201 of the I.P.C. R.I. for 2 years 500/- 15 days imprison-
ment Section 27 of the Arms Act R.I. for 3 years 500/- 15 days imprison-
ment 302 of the I.P.C. Life imprison- 2000/- -
ment 364 of the I.P.C. R.I. for 3 years 500/- 15 days imprison-
ment 2. 201 of the I.P.C. R.I. for 2 years 500/- 15 days imprison-
ment Section 27 of the Arms Act R.I. for 3 years 500/- 15 days imprison-
ment Patna High Court CR. APP (DB) No.240 of 2021(4) dt.03-08-2022 3/5 CRIMINAL APPEAL (DB) No. 328 of 2021 302 of the I.P.C. Life imprison- 2000/- -
ment 364 of the I.P.C. R.I. for 3 years 500/- 15 days imprison-
ment 1. 201 of the I.P.C. R.I. for 2 years 500/- 15 days imprison-
ment Section 27 of the Arms Act R.I. for 3 years 500/- 15 days imprison-
ment Learned counsel appearing on behalf of the appellants has submitted that there were nine persons named in the First Information Report including these appellants. He submits that though in the First Information Report there is accusation against the named accused persons of having caught hold of the deceased and taken to Diara in a boat and his dead body was subsequently found, even she has not supported the prosecution's case at the trial. It is contended on behalf of the appellants that the finding of conviction recorded by the Trial Court is perverse, inasmuch as, the same is based merely on the statement of witnesses recorded under Section 161 of the Cr.P.C. He has drawn our attention to an order of this Court dated 04.07.2022 passed in Criminal Appeal (DB) No. 214 of 2021, whereby co-convict Chhatri Yadav @ Chhatri Prasad Yadav has been directed to be released on bail.
Despite opportunity granted to the State to file its written objection in terms of the first proviso to Section 389(1) Patna High Court CR. APP (DB) No.240 of 2021(4) dt.03-08-2022 4/5 of the Code of Criminal Procedure, no written objection has been filed.
Learned Additional Public Prosecutor has though opposed the prayer for bail, he has not been able to draw our attention to any legal evidence adduced at the trial to justify the finding of conviction recorded by the Trial Court. Further, he has not been able to distinguish the case of these appellants from the case of co-convict Chhatri Yadav @ Chhatri Prasad Ya- dav, who has been allowed bail by this Court.
Considering the facts and circumstances as discussed above, in our opinion, a case is made out for release of the appellants on bail under Section 389(1) of the Cr.P.C.
Appellants' prayer for their release on bail and suspension of sentence is accordingly allowed.
Let the appellants,Chhatish Yadav, Dilip Yadav, Rana Yadav, Suren Yadav, be released on bail during the pendency of the appeal 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 Sessions Judge-III, Munger in Sessions Trial No. 346 of 2013, arising out of Kasim Bazar P.S. Case No. 86 of 2000.
The sentence shall remain suspended in the Patna High Court CR. APP (DB) No.240 of 2021(4) dt.03-08-2022 5/5 meanwhile. Fine shall also remain stayed in the meanwhile.
(Chakradhari Sharan Singh, J) ( Khatim Reza, J) anand/-
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