IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.20817 of 2011
Rahul Kumar @ Dhoni @ Rahul Kr. Pankaj, S/O-Sanjay Kumar Pankaj
Versus
The State Of Bihar
with
Cr.Misc. No.21091 of 2011
Pintu Kumar @ Chhotu, S/O-Bineshwar Yadav
Versus
The State Of Bihar
with
Cr.Misc. No.13456 of 2011
Tiju Yadav, S/O-Subhan Yadav
Versus
The State Of Bihar
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02 19.07.2011 All the above stated petitions are taken enbloc as the
said petitions arise out of Jehanabad P.S. Case No. 195 of 2010
initially, registered under Sections 147, 148, 149, 323, 307, 308, 286,
379 of the Indian Penal Code but subsequently, Section 302 of the
Indian Penal Code was also added and, accordingly, all the above
stated petitions are being disposed of by this common order.
Heard learned counsel for the petitioners as well as
learned Additional Public Prosecutor for the State assisted by learned
counsel for the informant.
Allegedly, petitioners and several other persons
mercilessly assaulted the deceased with iron rod and other weapons
and the deceased died after one week of the alleged occurrence in
course of his treatment. It is specifically sated in the first information
report that it was co-accused Raj Kumar and petitioner in Cr. Misc.
No. 13456 of 2011, namely, Tiju Yadav who gave iron rod blow on
the head of the deceased but learned counsel appearing for the
petitioner Tiju Yadav ( Cr. Misc. No. 13456 of 2011) pointed out that
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in course of investigation when the statement of the informant was
recorded at Para-40 of the case diary he has not stated any specific
overt-act either against the petitioner Tiju Yadav or against co-accused
Raj Kumar Yadav. It is also pointed out by him that having similar
allegation, co-accused Raj Kumar Yadav has already been granted
privilege of bail by this Court vide order dated 17.05.2011 passed in
Cr. Misc. No.2688 of 2011.
It would appear from perusal of order dated 17.05.2011
passed in Cr. Misc. No. 2688 of 2011 that only one injury was found
on the head of the deceased and considering the aforesaid fact co-
accused Raj Kumar Yadav was granted bail by this Court.
It appears to me that case of almost all the petitioners
stand on similar footing to that of co-accused Raj Kumar Yadav and
accordingly, petitioners are directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two
sureties of the like amount each to the satisfaction of Chief Judicial
Magistrate, Jehanabad in connection with Jehanabad P.S. Case No.
195 of 2010.
SHAHZAD ( Hemant Kumar Srivastava, J.)