Single judge order granting bail to two petitioners in a criminal case arising from a raid on an assemblage, releasing them on bond to the Sessions Judge despite one being in custody at the time of the raid.
Release of both petitioners on bail on furnishing bond of Rs. 10,000/ each with two sureties to Ad-hoc Additional Sessions Judge-II, Saharasa.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23799 of 2014
Arising Out of PS.Case No. -87 Year- 2013 Thana -BAKHTIYARPUR District- SAHARSA ====================================================== KAUSHAL YADAV SON OF ANIL YADAV RESIDENT OF VILLAGE -MOHANIYA, P.S. - BAKHTIYARPUR, (BALWAHAT O.P.), DISTRICT - SAHARSA.
.... .... PETITIONER/S VERSUS THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== with
Criminal Miscellaneous No.25363 of 2014
Arising Out of PS.Case No. -87 Year- 2013 Thana -BAKHTIYARPUR District- SAHARSA ====================================================== BHARAT KUMAR YADAV, SON OF LATE HARE RAM YADAV, RESIDENT OF VILLAGE- ROHIYAR, P.S.- MANSHI, DISTRICTKHAGARIA
| THE STATE OF BIHAR ==================== |
==== | .... .... PETITIONER/S VERSUS .... .... OPPOSITE PARTY/S ============================== |
|---|---|---|
| Appearance: | ||
| (In Cr. Misc. No.23799 of 2 | 014) | |
| For the Petitioner/s For the State |
: : |
Mr. Pramod Mishra, Adv. Mr. Kalayan Shankar, APP |
| (In Cr. Misc. No.25363 of 2 | 014) | |
| For the Petitioner/s | : | Mr. Pramod Mishra, Adv. |
| For the State ==================== |
: ==== |
Mr. Md. Arif, APP ============================== |
CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
Cr. Misc. No.23799 of 2014 wherein Kaushal Yadav
happens to be the petitioner as well as Cr. Misc. No.25363 of 2014 wherein Bharat Kumar Yadav happens to be the petitioner commonly originate out of Bakhtiyarpur P.S. Case No.87 of 2013 and on account thereof, there happens to be analogous hearing as
Patna High Court Cr.Misc. No.23799 of 2014 (2) dt.14-08-2014
2
well as being disposed of by a common order.
On getting confidential information regarding planning by anti-social elements having assembled at the house of petitioner, Kaushal Yadav raid was conducted and during course thereof, four persons were apprehended while one managed to escape, Bullet Yadav. Out of aforesaid four apprehended, from the possession of Bharat Kumar Yadav petitioner of Cr. Misc. No.25363 of 2014 one countrymade carbine loaded with 9 mm bore cartridges were seized apart from recovery of firearm, ammunition etc. from others also.
It has been submitted on behalf of petitioner, Kaushal Yadav that the local police is hostile to him and on account thereof he is being implicated case after case. it has also been submitted that from last para of the self-statement of informant, it is evident that at the time of conduction of raid even though petitioner was under custody only to implicate him, got the facts incorporated that assemblage was at the instance of petitioner. So submitted that falsity is itself apparent.
The learned counsel while pleading the case of Bharat Kumar Yadav has submitted that he being relative of Kaushal Yadav, which the fardbeyan itself speaks has purposely
Patna High Court Cr.Misc. No.23799 of 2014 (2) dt.14-08-2014
3
been implicated in this case alleging with regard to recovery of countrymade loaded carbine. It has also been submitted that petitioner has no criminal antecedent and is under custody since 13.04.2013.
Per contra, it has been submitted by the learned Additional Public Prosecutor that physical presence during course of commission of an occurrence is not at all necessary. Therefore, having petitioner Kaushal Yadav behind bar is not going to diminish his efficiency being notorious fellow in getting the matter duly planed and executed by his goons wherein at least his one of the representative, a close relative Bharat Kumar Yadav was and further the place was at his house. It has further been submitted that unless and until there happens to be deficiency in the prosecution case with regard to apprehension of accused from the house of Kaushal as well as non-recovery of firearms, mere languishing behind bar will not discredit the allegations so levelled by the prosecution against petitioner Kaushal. It has further been submitted that so far status of Bharat Kumar Yadav is concerned, his presence at the place of occurrence being close relative of Kaushal along with loaded firearm itself speaks with regard to his activity.
Patna High Court Cr.Misc. No.23799 of 2014 (2) dt.14-08-2014
4
Taking into account, the case of the prosecution inconsonance with the period of detention as well as taking into account the status of petitioner Kaushal being under custody at the time of alleged occurrence, both the petitioners namely, Kaushal Yadav as well as Bharat Kumar Yadav are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each, to the satisfaction of learned Ad-hoc Additional Sessions Judge-II, Saharasa in connection with Sessions Trial No. 153 of 2013 arising out of Bakhtiyapur P.S. Case No.87 of 2013.
(Aditya Kumar Trivedi, J.)
PN/-
U T
3 issues framed by the court
Whether bail should be granted to petitioners despite one being in custody at the time of the alleged occurrence.
Whether the recovery of a firearm from the relative implicates him in the conspiracy with the main accused.
Whether the crime was actually committed by the anti-social elements or planned by the in-custody petitioner.
Kaushal Yadav
Bharat Kumar Yadav
The State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
