Rishideo Yadav vs The State Of Bihar
2021 Latest Caselaw 1928 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     CRIMINAL MISCELLANEOUS No.32022 of 2020

     Arising Out of PS. Case No.-5 Year-2020 Thana- SAHEBPUR KAMAL District- Begusarai
     ======================================================

1. Rishideo Yadav, aged about 38 years, Gender- Male, Son of Shiv Nandan

Yadav.

2. Sanjay Yadav, aged about 32 years, Gender-Male Son of Shiv Nandan Yadav

3. Ratan Kumar, aged about 25 years, Gender-Male, Son of Lalit Prasad Yadav

All Resident of Village - Baburahi, P.S. - Sahebpur Kamal, District -

Begusarai.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Narendra Kumar, Advocate For the State : Mr. Jai Narain Thakur, APP For the Informant : Mr. Ram Sumiran Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT

Date : 09-04-2021

The matter has been heard via video conferencing.

2. Heard Mr. Narendra Kumar, learned counsel for the

petitioners; Mr. Jai Narain Thakur, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State and

Mr. Ram Sumiran Rai, learned counsel for the informant. Patna High Court CR. MISC. No.32022 of 2020 dt.09-04-2021

3. The petitioners apprehend arrest in connection with

Sahebpur Kamal PS Case No. 05 of 2020 dated 06.01.2020,

instituted under Sections 341, 324, 307, 504, 506/34 of the Indian

Penal Code and 27 of the Arms Act, 1959.

4. The allegation against the petitioners is of firing on

the informant and his brother and uncle though the same did not

hit them.

5. Learned counsel for the petitioners submitted that the

dispute is with regard to land and it was the informant side which

was the aggressor for which counter case being Sahebpur Kamal

PS Case No. 6 of 2020, has been instituted on the same day. It was

submitted that from the FIR itself, it is clear that the allegation of

firing which hit the informant on the leg is against another co-

accused and not the petitioners. Learned counsel submitted that

the petitioners have not caused injury to any person and theyhave

no criminal antecedent.

6. Learned APP, from the case diary, submitted that

witnesses have supported the allegation of firing against the

petitioners though no injury was caused. However, it was further

submitted that from the place of occurrence, four empty cartridges

have been recovered, which clearly shows that there was firing by

all the accused, including the petitioners. It was submitted that the Patna High Court CR. MISC. No.32022 of 2020 dt.09-04-2021

injury caused may not be of much significance for the reason that

if firing was made, it is obvious that the intention is to cause

serious harm to the victim and, thus, the good fortune of the

victim not being harmed cannot be taken advantage of by the

petitioners, who had fired on the victims.

7. Learned counsel for the informant submitted that co-

accused Dheeran Yadav @ Dhiren Yadav @ Dheerendra Kumar

Yadav has been granted regular bail by a co-ordinate Bench of this

Court by order dated 05.06.2020 in Cr. Misc. No. 17938 of 2020

and, thus, the petitioners being identically situated to Dheeran

Yadav @ Dhiren Yadav @ Dheerendra Kumar Yadav, the Court

may not grant any indulgence. He also reiterated the fact that four

empty cartridges have been recovered from the place of

occurrence which clearly indicates that the allegation of firing

against the petitioners is true.

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

is not inclined to grant pre-arrest bail to the petitioners.

9. Accordingly, the application stands dismissed.

10. However, in view of submission of learned counsel

for the petitioners, it is observed that if the petitioners appear

before the Court below within four weeks from today and pray for Patna High Court CR. MISC. No.32022 of 2020 dt.09-04-2021

bail, the same shall be considered on its own merits, in accordance

with law, without being prejudiced by the present order.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T