Patna High Court
Lalan Yadav vs The State Of Bihar on 22 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35568 of 2020
Arising Out of PS. Case No.-99 Year-2020 Thana- GAYA MUFASIL District- Gaya
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1. Lalan Yadav, aged about 40 years (Male), Son of Sidheshwar Yadav
2. Guddu Yadav @ Army @ Guddu Kumar, aged about 35 years (Male), Son
of Sidheshwar Yadav
Both petitioner no. 1 and 2 are resident of Village - Budhgere, P.S.- Moffasil,
District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. S S P Yadav, Advocate
For the State : Mr. Sanjay Kumar Tiwary, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 22-06-2021
The matter has been heard via video conferencing.
2. Heard Mr. S S P Yadav, learned counsel for the
petitioners and Mr. Sanjay Kumar Tiwary, learned Additional
Public Prosecutor (hereinafter referred to as the 'APP') for the
State.
3. The petitioners apprehend arrest in connection with
Moffasil PS Case No. 99 of 2020 dated 10.03.2020, instituted
under Sections 302/34 of the Indian Penal Code and 27 of the
Patna High Court CR. MISC. No.35568 of 2020 dt.22-06-2021
Arms Act, 1959.
4. The allegation against the petitioners is that they
had come to the market place and had started firing in the air
and threatening that they will do whatever they want and
thereafter they had called other co-accused and in the
indiscriminate firing the informant's son was injured and died
on way to hospital.
5. Learned counsel for the petitioners submitted that
there is no specific allegation as to whose firing hit the deceased
and the allegation is only general and omnibus of firing. It was
submitted that the mother of the petitioners has also filed a case
for the same incident. Learned counsel submitted that the police
have also filed a third case relating to the incident. Learned
counsel submitted that the petitioners are brothers and because
there was conflict between two castes, they have been falsely
implicated and they had no role in the incident. It was further
submitted that because of previous enmity they have been
implicated.
6. Learned APP submitted that there is no occasion for
the informant, who is the father of the deceased, to specifically
name the petitioners as no father would save the murderer of his
son by only implicating persons who are innocent. It was
Patna High Court CR. MISC. No.35568 of 2020 dt.22-06-2021
submitted that the false implication could have been there only
when the real culprit was also made accused, even though they
may have been unknown, but in the present case specific
allegation is against the present two petitioners with regard to
their role in starting the whole episode and also making
indiscriminate firing and even if it is assumed that the firing
made by the petitioners may not have hit the deceased, the same
is irrelevant as they were very much party to the firing and thus,
the responsibility for the death has to be equally taken by all the
accused, including the petitioners. He submitted that even the
FIR lodged by the mother of the petitioners is clearly an
afterthought, to create a defence, as the same has been lodged
on 16.03.2020, though the incident is said to have taken place
on 10.03.2020 and the present case as well as the police case
have been lodged on the same day of the incident, i.e.,
10.03.2020.
7. 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.
8. Accordingly, the application stands dismissed.
9. However, in view of submission of learned counsel
for the petitioners, it is observed that if the petitioners appear
Patna High Court CR. MISC. No.35568 of 2020 dt.22-06-2021
before the Court below and pray for bail, the same shall be
considered on its own merits, in accordance with law, without
being prejudiced by the present order.
(Ahsanuddin Amanullah, J)
Anjani/-
AFR/NAFR
U
T
