Patna High Court - Orders
Rajeev Kumar Yadav @ Rajeev vs The State Of Bihar on 13 October, 2014
Author: Aditya Kumar Trivedi
Bench: Aditya Kumar Trivedi
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15916 of 2014
Arising Out of PS.Case No. -215 Year- 2012 Thana -ALAMGANJ District- PATNA
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Kamlesh Kumar Singh @ Kamal Singh Son Of Sri Dodhai Singh R/O
Village-Gobraura, P.S. Khajauli, District-Madhubani
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.22645 of 2014
Arising Out of PS.Case No. -215 Year- 2012 Thana -ALAMGANJ District- PATNA
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Rajeev Kumar Yadav @ Rajeev Son of Late Kauleshwar Yadav Resident of
Village - Viraul, Police Station - Khajauli, District - Madhubani.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s
======================================================
Appearance :
(In Cr.Misc. No.15916 of 2014)
For the Petitioner/s : Mr. Sunil Kumar, Adv
For the Opposite Party/s : Mr. Madan Kumar,(APP)
(In Cr.Misc. No.22645 of 2014)
For the Petitioner/s : Mr. Manish Kumar No 13, Adv
For the Opposite Party/s : Mr. Md.Ansarul Haque, (APP)
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CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI
ORAL ORDER
5 13-10-2014Cr.Misc.No. 15916/2014, wherein Kamlesh Kumar Singh @ Kamal Singh happens to be the petitioner while Cr.Misc.No.22645/2014 wherein Rajeev Kumar Yadav @ Rajeev happens to be petitioner commonly originate out of Alamganj P.S. Case No.215/2012, on account thereof, have been heard together and are being disposed of by a common order.
Ankur Kumar aged about 14 years was kidnapped under deceitful manner by his tenant, Vivek in the association of Patna High Court Cr.Misc. No.15916 of 2014 (5) dt.13-10-2014 2 Suresh, Bablu, Mithilesh and during course of detention, the victim was injected with sedative. The police after getting confidential information conducted raid and during course thereof, apart from victim/informant, Umesh, Kamlesh and Rajeev were also apprehended along with fire arms for which different case was instituted who at that very moment were keeping surveillance on the victim.
During course of hearing of these two petitions at an earlier occasion, the learned counsel for petitioners referred order dated 23.03.2013 passed by Additional Sessions Judge-1st, Patnacity in Bail Petition No. 248/2013 whereby and whereunder co-accused, Mithilesh Yadav and Jawahar Singh @ Jawahar Lal Mahto were granted bail whereupon they both were show-caused, in terms of Section 439(2) of the Cr.P.C. as well as an explanation was also sought for from learned P.O. which are also available on the record.
So far status of both these petitioners, namely, Kamlesh Kumar Singh @ Kamal Singh and Rajeev Kumar Yadav @ Rajeev are concerned, they both were apprehended by the police along with the victim on raid while the victim was under
their custody along with one Umesh having duly armed and on account thereof, the prayer for bail of both these petitioners is rejected.Patna High Court Cr.Misc. No.15916 of 2014 (5) dt.13-10-2014 3
Relating to status of Mithilesh Singh as well as Jawahar Singh @ Jawahar Lal Mahto, they have been granted bail by the learned lower court and as per explanation submitted by the P.O., he had tried to explain his conduct by explaining under para- 3 as:- " that from the allegations as made in the FIR and also from the facts contained in the case diary together with the confessional statement of one co-accused before the police, it was found to me that petitioners of BP No. 248/2013 were figured as accused as per telephonic talk by the co-accused disclosing the name of petitioners along with others."
In para-2 of his explanation the learned P.O. had incorporated the fact as:- " that I humbly submit that in the said order of bail, I have tried to narrate the prosecution story in verbatim as per allegations made in the FIR."
Now coming to the Fard-e-beyan, presence of Mithilesh is found at the first stage of kidnapping itself who, as asked for by co-accused, Vivek had come along with motorcycle to facilitate disappearance of co-accused along with victim. Apart from this, presence of Mithilesh as well as Jawahar is also found from the narration of the Fard-e-beyan which the learned lower court had ignored and for better appreciation the same is incorporated in verbatim:-
Þtc tkxrk rks muyksxks dks vkil esa ,oa Qksu ij mes'k] jktho] Patna High Court Cr.Misc. No.15916 of 2014 (5) dt.13-10-2014 4 feFkys'k ;kno] jkeujs'k] tokgj yky ,oa deys'k flag uke ysdj ckr djrs gq, ikrk Fkkß The aforesaid event discloses not only disclosure of their names during course of talk on mobile rather it also suggests their presence at some occasion at the place where victim was. The learned P.O., as is evident from the order impugned, had overlapped the aforesaid event and that happens to be the reason behind that he had only incorporated the fact that their names cropped up during course of conversation over mobile coupled with confessional statement after accused.
It is apparent that during course of investigation two men with the same name are found under the category of accused, one Mithilesh Yadav and another is Mithilesh Singh. So the best course of the I.O. would have been to put both the Mithilesh Yadav and Mithilesh Singh on TIP to come to a conclusion who out of two Mithilesh was occupant of motorcycle as well as having his presence at the P.O. where victim was confined along with others.
As disclosed by the learned counsel for Mithilesh & Jawahar that charge-sheet has already been submitted and they are facing trial on account thereof, instead of proceeding further, the matter is dropped accepting their show-cause on behalf of Jawahar Singh @ Jawahar Lal. However, the P.O. concerned is warned to Patna High Court Cr.Misc. No.15916 of 2014 (5) dt.13-10-2014 5 be more attentive in future while disposing of bail petitions, more particularly, relating to serious offences giving full alertness over allegation including the material collected during investigation.
The office is directed to communicate the instant order upon the P.O. concern.
(Aditya Kumar Trivedi, J)
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