Allowed

Birendra Kumar @ Tibu @ Tubi v. The State of Bihar

Patna HC12 Jul 2019CR. APP (SJ)/1097/2019

Case brief

AI extract

What is this about?

This court allowed seven special bail appeals arising from the same murder case involving caste atrocities. The Special Court had previously refused bail. Upon hearing counsel, the High Court granted bail with conditions, directed expedited trial, and set aside the previous refusal orders.

What did the court decide?

Appellants directed to be enlarged on bail by furnishing bond and sureties; special conditions imposed regarding threats; trial expedited.

Birendra Kumar @ Tibu @ Tubi Vs The State of Bihar — Caste Atrocities | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1097 of 2019

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Arising Out of PS. Case No.-21 Year-2019 Thana- DHARHARA District- Munger

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======================================================

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Birendra Kumar @ Tibu @ Tubi Son of Jawahar Prasad Sah Resident of Village - Adalpur, P.s.- Dharahara, Distt.- Munger.

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

======================================================

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with

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CRIMINAL APPEAL (SJ) No. 1190 of 2019

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Arising Out of PS. Case No.-21 Year-2019 Thana- DHARHARA District- Munger

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======================================================

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Amerika Devi W/o Ram Adhar Yadav R/o Village- Bari Govindpur, P.S.Dharhara, Distt.- Munger

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

======================================================

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with

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CRIMINAL APPEAL (SJ) No. 1374 of 2019

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Arising Out of PS. Case No.-21 Year-2019 Thana- DHARHARA District- Munger

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======================================================

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Ram Adhar Yadav Son of Late Bishun Yadav Resident of Village- Bari Govindpur, P.S.- Dharhara, District- Munger.

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

======================================================

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with

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CRIMINAL APPEAL (SJ) No. 1400 of 2019

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Arising Out of PS. Case No.-21 Year-2019 Thana- DHARHARA District- Munger

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======================================================

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Krishna Nand Yadav @ Krishnandan Yadav S/o Hirdya Narayan Yadav, Resident of Village- Bari Govindpur, P.S.- Dharahra, Distt.- Munger.

... ... Appellant/s

Versus

The State of Bihar

Patna High Court CR. APP (SJ) No.1097 of 2019(6) dt.12-07-2019 2/6

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... ... Respondent/s

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======================================================

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with

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CRIMINAL APPEAL (SJ) No. 1360 of 2019

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Arising Out of PS. Case No.-21 Year-2019 Thana- DHARHARA District- Munger

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====================================================== Raju Paswan S/o Mangal Paswan Resident of Village- Sarobag, P.S.Dharahra, District- Munger.

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... ... Appellant/s Versus

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The State of Bihar

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... ... Respondent/s

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====================================================== with CRIMINAL APPEAL (SJ) No. 1740 of 2019

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Arising Out of PS. Case No.-21 Year-2019 Thana- DHARHARA District- Munger ====================================================== Rana Yadav Son of Ram Adhar Yadav Resident of Village - Bari Govindpur, P.S.- Dharhara, Distt - Munger.

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... ... Appellant/s Versus

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The State Of Bihar

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... ... Respondent/s

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====================================================== with

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CRIMINAL APPEAL (SJ) No. 1930 of 2019

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Arising Out of PS. Case No.-21 Year-2019 Thana- DHARHARA District- Munger

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====================================================== Chhotu Kumar Choudhary Son of Karelal Choudhary Resident of Village - Sarobag, P.S.- Dharahra, Distt - Munger. ... ... Appellant/s Versus The State of Bihar

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... ... Respondent/s

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====================================================== Appearance : (In CRIMINAL APPEAL (SJ) No. 1097 of 2019) For the Appellant/s : Mr. N.K. Agarwal Mr. Kumar Kamal Nayan For the Respondent/s : Mr. Sadanand Paswan For the Informant : Mr. Raj Kumar Choudhary Mr. Vikram Singh Mr. Jyoti Ranjan Jha (In CRIMINAL APPEAL (SJ) No. 1190 of 2019)

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Patna High Court CR. APP (SJ) No.1097 of 2019(6) dt.12-07-2019 3/6

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For the Appellant/s : Mr. Jyoti Ranjan Jha For the Respondent/s : Mr. Sadanand Paswan (In CRIMINAL APPEAL (SJ) No. 1374 of 2019) For the Appellant/s : Mr. Jyoti Ranjan Jha For the Respondent/s : Mrs. Usha Kumari 1 (In CRIMINAL APPEAL (SJ) No. 1400 of 2019) For the Appellant/s : Mr. Kumar Kamal Nayan For the Respondent/s : Mr. Sadanand Paswan (In CRIMINAL APPEAL (SJ) No. 1360 of 2019) For the Appellant/s : Mr. Kumar Kamal Nayan For the Respondent/s : Mr. Sadanand Paswan (In CRIMINAL APPEAL (SJ) No. 1740 of 2019) For the Appellant/s : Mr. Jyoti Ranjan Jha For the Respondent/s : Mrs. Usha Kumari 1 (In CRIMINAL APPEAL (SJ) No. 1930 of 2019) For the Appellant/s : Mr. Kumar Kamal Nayan For the Respondent/s : Mr. Sadanand Paswan ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL

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ORAL ORDER

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6 12-07-2019

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As the aforesaid seven appeals have cropped up from

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the same P.S. Case, hence, they are taken up together and disposed of by this common order.

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This is an appeal under Section 14(A)(2) of the SC/ST Act against the refusal of prayer for bail vide orders dated 18.02.2019, 07.03.2019, 11.03.2019, 27.03.2019 and 05.04.2019 passed by learned Special Judge cum A.D.J.-I, Munger in Dharhara P.S. Case No. 21 of 2019 registered under Sections 302, 452 and 120B/34 of the Indian Penal Code, Sections 3(i)(r) (s) and 3(2)(v) of the SC/ST Act and Section 27 of the Arms Act.

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12 named accused persons and two unknown miscreants including the appellants are said to have taken the brother of the informant to West of the village on the

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Patna High Court CR. APP (SJ) No.1097 of 2019(6) dt.12-07-2019 4/6

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exhortation of Krishnanand Yadav slating him in the name of caste and gunned him down over row of filing case against the son of said Mukhiya over murder of cousin nephew of the informant and not getting the said case compromised.

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It is submitted by learned counsel for the appellants that the appellants have no concern with the aforesaid occurrence. They have been falsely implicated in the case due to dirty village politics. The informant, who happens to be eye witness of the occurrence has specifically stated that it is the accused Santosh Yadav, Bikash Yadav and Biyash Yadav, who resorted firing upon the deceased and then other accused persons also resorted firing. Doctor conducting the autopsy of the cadaver of the deceased has found only one bullet injury on the temporal region and two on the chest of the person of the deceased which is specifically attributed to the aforesaid three accused persons. It is submitted on behalf of the appellant Rana Yadav that he was in jail at the time of occurrence in connection with Dharahara P.S. Case No. 248 of 2018 and he has been implicated in the case after one month later to the occurrence. It is submitted on behalf of appellant Chhotu Kumar Choudhary that one pistol and three live cartridges are said to have been recovered from his house on the basis of his alleged

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Patna High Court CR. APP (SJ) No.1097 of 2019(6) dt.12-07-2019 5/6

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confessional statement, but the said firearm was not sent to ballistic examination to establish the use of said firearm in the occurrence and moreover his confessional statement will be admissible only regarding recovery of the firearm from his possession. Regarding said recovery of firearms and ammunition another case under Arms Act has been lodged against him. Allegation of resorting firing levelled against the appellants is not specific rather general and omnibus in nature and they do not happen to be assailant of the deceased. Appellants have been languishing in custody since 21.01.2019, 16.02.2019, 14.03.2019 and 19.01.2019, respectively.

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Per contra, learned counsel for the informant and learned Spl. P.P. for the State opposing the bail prayer of the appellants submitted that all the accused persons have taken away the deceased from his house slating in the name of his caste and gunned him down over not getting the case compromised filed against appellant Rana Yadav regarding murder of cousin nephew of the informant. Appellant Rana Yadav is having criminal antecedent, hence, he does not deserve bail.

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Having regard to the facts and circumstances of the case, the above named appellants are directed to be enlarged on

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Patna High Court CR. APP (SJ) No.1097 of 2019(6) dt.12-07-2019 6/6

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bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge cum A.D.J.-I, Munger in connection with Dharhara P.S. Case No. 21 of 2019 with condition that the appellants would not extend any sort of threatening to the informant and the prosecution witnesses of the case else their bail bonds shall stand cancelled.

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Learned court below is directed to conclude the trial as expeditiously as possible preferably within six months from the date of receipt/production of a copy of this order and S.P. Munger is directed to ensure production of the witnesses in the case on each and every date fixed without fail. Both parties are directed to extend all sort of cooperation in concluding the trial at the earliest.

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Let a copy of this order be communicated to S.P. Munger by fax for needful.

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Accordingly, the impugned orders are set aside and the aforesaid seven appeals are allowed.

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(Prakash Chandra Jaiswal, J)

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rohit/-

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U T

Birendra Kumar @ Tibu @ Tubi v. The State of Bihar

Case brief

What is this about?

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Birendra Kumar @ Tibu @ Tubi v. The State of Bihar

Case brief

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What did the court decide?

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