Partly allowed

Dhanesh Yadav v. The State Of Bihar

Patna HC20 May 2015CR. MISC./15478/2015

Case brief

AI extract

What is this about?

This common order dealt with bail pleas in five criminal miscellaneous petitions arising from a murder case. The court granted bail to five petitioners and directed a call for the case diary to review bail for two others where specific assault allegations contradicted post-mortem findings.

What did the court decide?

Released on bail to five petitioners on furnishing bonds of Rs. 10,000 each; call for case diary regarding two other petitioners.

Dhanesh Yadav Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2015)

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Patna High Court Cr.Misc. No.13328 of 2015 (2) dt.20-05-2015

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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13328 of 2015
Arising Out of PS.Case No. -189 Year- 2014 Thana -KAKO District- JEHANABAD
======================================================
1. Sudama Yadav son of chandeshwar Yadav resident of Village Devraj
Bigha P.S. Kako (Bhelawar) District Jehanabad.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.13547 of 2015
Arising Out of PS.Case No. -189 Year- 2014 Thana -KAKO District- JEHANABAD
======================================================
1. Ram Babu Yadav son of Late Jagdevan Yadav
2. Mahesh Yadav son of Late Baldev Yadav, Both are resident of village-
Devraj Bigha, P.S. Kako(Bhelawar), District- Jehanabad
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.15478 of 2015
Arising Out of PS.Case No. -189 Year- 2014 Thana -KAKO District- JEHANABAD
======================================================
1. Dhanesh Yadav Son of Chandeshwar Yadav resident of village - Devraj
Bigha, P.S. Kako ( Bhelawar ), District - Jehanabad
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.15696 of 2015
Arising Out of PS.Case No. -189 Year- 2014 Thana -KAKO District- JEHANABAD
======================================================
1. Brijnandan Yadav Son of Late Babuchand Yadav resident of Village -
Deoraj Bigha, Police Station - Kako (Bhelwar) in the district of Jehanabad.
.... .... Petitioner/s
Versus
1. The State of Bihar.

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Patna High Court Cr.Misc. No.13328 of 2015 (2) dt.20-05-2015

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.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.19382 of 2015
Arising Out of PS.Case No. -189 Year- 2014 Thana -KAKO District- JEHANABAD
======================================================
1. Yogendra Yadav @ Lalu Yadav Son of Krishn Yadav resident of Village
Deoraj Bigha, P.s Kako, District Jehanabad.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
Appearance :
(In Cr.Misc. No.13328 of 2015)
For the Petitioner/s : Mr. Paras Nath
For the Opposite Party/s : Mr. Yogendra Kr. Singh(App)
(In Cr.Misc. No.13547 of 2015)
For the Petitioner/s : Mr. Paras Nath
For the Opposite Party/s : Mr. Yogendra Kr. Singh(App)
(In Cr.Misc. No.15478 of 2015)
For the Petitioner/s : Mr. Paras Nath
For the Opposite Party/s : Mr. Nirmala Kumari(App)
(In Cr.Misc. No.15696 of 2015)
For the Petitioner/s : Mr. Sunil Kumar
For the Opposite Party/s : Mr. M.Haque(App)
(In Cr.Misc. No.19382 of 2015)
For the Petitioner/s : Mr. Lakshmi Kant Sharma
For the Opposite Party/s : Mr. Nawal Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
SRIVASTAVA
ORAL ORDER
02/ 20.05.2015 Supplementary affidavit is filed on behalf of the petitioner
in Cr. Misc. no. 13328/2015.

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All the above stated petitions arise out of Kako P.S. Case no. 189/2014 registered under section 302 and other allied sections of the Indian Penal Code, 27 of the Arms Act and accordingly, above stated petitions are being disposed of by this common order.

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Heard learned counsel for the petitioners as well as learned

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Patna High Court Cr.Misc. No.13328 of 2015 (2) dt.20-05-2015

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Addl. Public Prosecutor for the State.

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There is omnibus allegation against the petitioner in Cr. Misc. no. 13328/2015, petitioners in Cr. Misc. no. 13547/2015 and petitioner in Cr. Misc. no. 15478/2015 and so far as petitioner in Cr. Misc. no. 15696/2015 and petitioner in Cr. Misc. no. 19382/2015 are concerned, there is specific allegation against them that they assaulted the deceased causing injury on his head but post mortem report annexed as annexure 3 to supplementary affidavit reveals that only one injury was found on the head of the deceased.

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Therefore, in the aforesaid circumstance, I think it proper to peruse the case diary in respect of prayer for bail of petitioner in Cr. Misc. no. 15696/2015 as well as prayer for bail of petitioner in Cr. Misc. no. 19382/2015.

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Accordingly, call for the xerox copy of the case diary of Kako P.S. Case no. 189/2014 from the court of the Addl. Chief Judicial Magistrate, Jehanabad.

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So far as prayer for bail of rest petitioners is concerned, petitioner in Cr. Misc. no. 13328/2015, namely, Sudama Yadav, petitioners in Cr. Misc. no. 13547/2015, namely, Ram Babu Yadav, Mahesh Yadav and petitioner in Cr. Misc. no. 15478/2015, namely, Dhanesh Yadav are directed to be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Jehanabad in Kako P.S. Case no. 189/2014.

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Let Cr. Misc. no. 15696/2015 as well as Cr. Misc. no. 19382/2015 be listed under appropriate heading after receipt of the

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Patna High Court Cr.Misc. No.13328 of 2015 (2) dt.20-05-2015

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case diary.
shahid
U T

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(Hemant Kumar Srivastava,J)

Dhanesh Yadav v. The State Of Bihar

Case brief

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Dhanesh Yadav v. The State Of Bihar

Case brief

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