OHC disposed of five bail petitions arising from a case involving land dispute, forcible possession, and indiscriminate firings causing death and injury. Rejected bail prayers and directed commitment to Sessions Court.
Granted: None. Rejected bail prayers. Directed commitment to Sessions Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.12021 of 2013 (4) dt.23-09-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12021 of 2013
| ====================================================== 1. Jangal Mandal S/O Late Asarfi Mandal .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== |
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|---|---|
with Criminal Miscellaneous No.14114 of 2013 ====================================================== |
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1. Mukesh Bhagat @ Mukesh Kumar Bhagat Son Of Krishandeo Bhagat .... .... Petitioner/s Versus 1. The State Of Bihar |
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| .... .... Opposite Party/s |
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| ====================================================== with Criminal Miscellaneous No.18623 of 2013 ====================================================== |
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1. Sita Ram Yadav S/O Late Dhyani Yadav 2. Raj Kumar Yadav S/O Sita Ram Yadav .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== |
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with Criminal Miscellaneous No.29376 of 2013 ====================================================== |
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1. Bechan Yadav 2. Ramesh Yadav, both sons of Late Anup Lal Yadav 3. Lal Mohar Yadav @ Lalbihari Yadav, S/O-Late Jago Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== |
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| CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER |
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| 4 | 23-09-2013 All the above stated petitions arise out of Barhara P.S. Case No. 215 of 2012 registered under Sections, 147, 148, |
Patna High Court Cr.Misc. No.12021 of 2013 (4) dt.23-09-2013
149, 302, 120B, 504 of the Indian Penal Code, 27 of the Arms Act, 3 (x) (i) (xi) of S.C./S.T. (Prevention of Atrocities) Act and accordingly, all the above stated petitions are being disposed off by this common order.
Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State.
The accusation against the petitioners is that they along with 40 to 50 persons tried to take forcible possession of a disputed land and made indiscriminate firings causing death of three persons and causing injury to several others.
The contention on behalf of the petitioners is that no specific overt-act has been attributed against the petitioners and in course of investigation, witnesses vide paragraphs no. 30 and 31 of the case diary did not disclose the name of petitioners rather specifically stated that other persons made indiscriminate firings.
Considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioners on bail and hence, their prayer for bail in connection with Barhara P.S. Case No. 215 of 2012 pending in the court of Chief Judicial Magistrate, Purnea stands rejected.
However, Chief Judicial Magistrate, Purnea/court concerned shall take all possible steps to commit the case of the
Patna High Court Cr.Misc. No.12021 of 2013 (4) dt.23-09-2013
petitioners to the court of Sessions in accordance with law within six weeks from the date of receipt of this order and after commitment, the learned trial court shall try to conclude the trial of the petitioners as early as possible.
Let this order be communicated to the court of Chief Judicial Magistrate, Purnea through fax at the cost of the petitioners.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
3 issues framed by the court
Whether the prayers for bail in the five connected criminal miscellaneous petitions should be allowed.
Whether the accused should remain on bail or in custody while the trial proceeds.
Whether the case should be filed committed to the Sessions Court for trial.
3 provisions across 3 enactments
Jangal Mandal
Mukesh Bhagat
Sita Ram Yadav
Raj Kumar Yadav
Bechan Yadav
Ramesh Yadav
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
