The Patna High Court disposed of four connected criminal miscellaneous petitions seeking bail. The court addressed disputes over a fatal hanging and the potential for false implication after the charge sheet was filed.
Petitioners directed to be released on bail furnishing bonds of Rs. 20,000 each with two sureties of like amount, subject to conditions.
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.69677 of 2021
Arising Out of PS. Case No.-133 Year-2019 Thana- PARAIYA District- Gaya
====================================================== Nawal Yadav, Son of Chandar Yadav, Resident of Village- Sikandarpur, P.S.Paraiya, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 65724 of 2021
Arising Out of PS. Case No.-133 Year-2019 Thana- PARAIYA District- Gaya
====================================================== Satyendra Yadav, S/o Chaneshar Yadav Resident of Village- Sikandarpur, P.O.- Dharamshala, P.S.- Paraiya, Districto Gaya
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 3911 of 2022
Arising Out of PS. Case No.-133 Year-2019 Thana- PARAIYA District- Gaya
====================================================== Kapil Yadav, Son of Balchand Yadav Resident of Village - Sikandarpur, P.s.Paraiya, Distt.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 29388 of 2022
Arising Out of PS. Case No.-133 Year-2019 Thana- PARAIYA District- Gaya
====================================================== Chandar Yadav, Son of Mohan Yadav Resident of Village - Sikandarpur, P.s.Paraiya, Distt.- Gaya.
... ... Petitioner/s
Versus The State of Bihar
Patna High Court CR. MISC. No.69677 of 2021(4) dt.28-09-2022 2/5
... ... Opposite Party/s
======================================================
| Appearance : (In CRIMINAL MISCELLA For the Petitioner/s : |
NEOUS No. 69677 of 2021) Mr. Yogesh Chandra Verma, Sr. Advocate Mr.Arvind Kumar, Advocate |
|---|---|
| For the Opposite Party/s : (In CRIMINAL MISCELLA |
Mr.Mukesh Kumar Singh, APP NEOUS No. 65724 of 2021) |
| For the Petitioner/s : For the Opposite Party/s : (In CRIMINAL MISCELLA |
Mr.Rama Kant Singh, Advocate Mr.Shailendra Kumar, APP NEOUS No. 3911 of 2022) |
| For the Petitioner/s : |
Mr.Shivendra Prasad, Advocate |
| For the Opposite Party/s : (In CRIMINAL MISCELLA |
Mr.Rajiv Nayan, APP NEOUS No. 29388 of 2022) |
| For the Petitioner/s : For the Opposite Party/s : =================== |
Mr.Arvind Kumar, Advocate Mr.Rabindra Kumar, APP =================================== |
| CORAM: HONOURABL | E MR. JUSTICE ARUN KUMAR JHA ORAL ORDER |
3 28-09-2022
Since all the applications arise out of Paraiya P.S. Case No. 133 of 2019, as such, they have been taken together and are being disposed of by this common order.
Heard learned counsels for the petitioners and learned APP for the State.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect.
In the present case, the petitioners seek bail in connection with Paraiya P.S. Case No.133 of 2019, registered for the alleged offence under Sections 302, 307 and 34 of the Indian Penal Code.
As per the prosecution case, the petitioners and other two co-accused persons put a gamchha in the neck of the husband of the informant and hanged him from a tree causing his death.
Patna High Court CR. MISC. No.69677 of 2021(4) dt.28-09-2022 3/5
The occurrence took place in the background of dispute between the parties over two pending cases between them.
It has been submitted on behalf of the petitioners that the petitioners have been falsely implicated in this case and the fact is apparent from the FIR. The informant is not an eye witness to the occurrence and this fact is apparent in the FIR. Her presence at the time of occurrence as she has stated in her written report is not believable since a lady would not go to a secluded place in the dead of night. Then she claims to have identified the accused persons in the torch light, but the said torch is not brought on record. So it was not possible to properly identify the assailants and the identification of the accused persons including the petitioners is very much doubtful. Further, an occurrence of this nature had taken place and no other independent witness has been cited which also creates doubt over the prosecution case. If the petitioners were bent upon killing the husband of the informant, they might have made preparation for the same, but there is no allegation that the petitioners were armed or even that they were carrying a simple stick. The hanging is stated to have taken place by a gamchha which belonged to the deceased himself. It is also not believable that the husband of the informant was being hanged and she remained a silent spectator. No specific allegation has been levelled against any of the petitioners and the allegations are
Patna High Court CR. MISC. No.69677 of 2021(4) dt.28-09-2022 4/5
mostly omnibus against the petitioners and other co-accused persons. The post mortem report shows cause of death to be asphyxia due to hanging and it shows the husband of the informant committed suicide and the petitioners have been falsely implicated in this case. It has been further submitted that the deceased committed suicide due to quarrelsome behaviour of the informant and the informant has falsely implicated all these petitioners due to previous litigation and dispute which is admitted in the FIR itself. The petitioner Nawal Yadav is in custody since 14.01.2021, the petitioner Satyendra Yadav is in custody since 22.11.2019, the petitioner Kapil Yadav is in custody since 15.09.2021 and the petitioner Chandar Yadav is in custody since 14.12.2021. Charge sheet has been submitted.
Learned APP opposes the prayer for bail submitting that the informant has specifically named this petitioner along with other co-accused persons and the death has been caused due to hanging.
Perused the records.
Having regard to the facts and circumstances and submissions made hereinabove and considering the fact about possibility of false implication and further considering the period of custody of the petitioners and submission of charge sheet, the petitioners are directed to be released on bail on furnishing bail
Patna High Court CR. MISC. No.69677 of 2021(4) dt.28-09-2022 5/5
bonds of Rs. 20,000/- (Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Gaya, in connection with Paraiya P.S. Case No. 133 of 2019, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions :
(i) One of the bailors will be the close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
2 issues framed by the court
Whether the petitioners should be granted bail in a case involving alleged murder and culpable homicide.
Whether the possibility of false implication and duration of custody justify release on bail.
2 provisions across 2 enactments
Nawal Yadav
Satyendra Yadav
Kapil Yadav
Chandar Yadav
The State of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
