Asharfi Yadav @ Pandit Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2024)

Asharfi Yadav @ Pandit Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2024)

What the court decided

AI extract

Outcome

Regular bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1st, Bagaha, West Champaran, subject to cooperation in the disposal of the trial.

Issue for consideration

Whether the petitioner, in custody since 09.01.2014 (over ten years) with the trial progressing slowly, should be released on regular bail in Sessions Trial No. 274 of 2014 arising out of Chautarwa (Bathwariya) P.S. Case No. 82 of 1994.

Court's answer

Bail granted: considering prolonged custody of more than 10 years, the snail-paced trial (only three of 13 chargesheeted witnesses examined), and parity with co-accused already granted bail by coordinate Benches on similar footing, the petitioner was ordered released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-1st, Bagaha, West Champaran.

Ratio / Principle

Release on bail is subject to the condition that the petitioner shall cooperate in the disposal of the trial and make himself available as and when required by the court.

Detailed headnote1 paragraphs

Patna High Court (Nawneet Kumar Pandey, J.) allowed a regular-bail application in a 1994 murder/attempt-to-murder case (Chautarwa (Bathwariya) P.S. Case No. 82 of 1994; Ss. 302, 307, 324, 323/34 IPC and Ss. 25, 26, 27 Arms Act), tried as Sessions Trial No. 274 of 2014. Grounds: petitioner in custody since 09.01.2014 (over 10 years, remanded from another case where in custody since 2008); only three of 13 chargesheeted witnesses examined, trial at snail's pace; and parity with co-accused Munnar Yadav and Geeta Bin granted bail by coordinate Benches (orders dated 03.02.2015 and 30.11.2015). Bail directed on bonds of Rs.10,000/- with two like sureties before the Additional Sessions Judge-1st, Bagaha, conditioned on cooperation with the trial. A supplementary affidavit noting the petitioner's conviction in Ramnagar P.S. Case No. 129 of 2002 was on record.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44393 of 2024

Arising Out of PS. Case No.-82 Year-1994 Thana- CHOUTARWA District- West Champaran

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

Asharfi Yadav @ Pandit Son of Late Bali Yadav R/O Village- Parsona, P.S.Thakraha, Dist.- West Champaran

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Milind Kumar Mishra For the Opposite Party/s : Mr. Md. Shakir Ahmad ======================================================

CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

3 26-09-2024

Supplementary affidavit has been filed stating that the petitioner has been convicted in Ramnagar P.S. Case No. 129 of 2002.

In this case, the petitioner is seeking regular bail in connection with Sessions Trial No. 274 of 2014 Registration No. 2727 of 2015 arising out of Chautarwa (Bathwariya) P.S. Case No. 82 of 1994, registered for the offences punishable under Sections 302, 307, 324, 323/34 of the IPC and Sections 25, 26 and 27 of the Arms Act.

As per allegation, the miscreants after entering into the house of the informant and his brother made indiscriminate firing causing death of one, Teni Yadav and Satan Sah. Hirdya Narayan Sah and Ramji Yadav also died. Hirdya Narayan Sah

Patna High Court CR. MISC. No.44393 of 2024(3) dt.26-09-2024 2/3

died after being discharged from the hospital. Said Hirdya Narayan Sah informed the informant that other co-accused persons and the petitioner were members of the group of assailants. The petitioner is under custody since 09.01.2014 in the present case. He was remanded from another case in which he was under custody since the year 2008.

Learned counsel for the petitioner has submitted that the informant did not identify the miscreants and on exactly similar footing, co-accused Munnar Yadav and Geeta Bin have been granted bail by a coordinate Benches of this Court vide order dated 03.02.2015 and 30.11.2015 passed in Cr. Misc. No. 24873 of 2014 and Cr. Misc. No. 25528 of 2015.

A report has been called for from the court below about the stage of the trial which shows that out of 13 chargesheeted witnesses, only three witnesses have been examined. The petitioner is under custody for more than 10 years and the trial is going on snail pace. On exactly similar footing, some other coaccused persons have been granted bail by a coordinate Benches of this Court.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties

Patna High Court CR. MISC. No.44393 of 2024(3) dt.26-09-2024 3/3

of the like amount each to the satisfaction of learned Additional Sessions Judge-1st, Bagaha, West Champaran in connection with Sessions Trial No. 274 of 2014 Registration No. 2727 of 2015 arising out of Chautarwa (Bathwariya) P.S. Case No. 82 of 1994, subject to the following condition:-

(i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J)

Guddu/-

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