IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.43920 of 2010
1.RAM JATAN MASTER YADAV
2.BOGI YADAV
Versus
THE STATE OF BIHAR
with
Cr.Misc. No.44680 of 2010
1.MANSA KAHAR
2.KAMESHWAR KAHAR @ KAMESHWAR RAM
Versus
THE STATE OF BIHAR
with
Cr.Misc. No.44689 of 2010
TULSI PRASAD YADAV
Versus
THE STATE OF BIHAR
with
Cr.Misc. No.44713 of 2010
INDRAJEET SINGH @ RANJIT @ THUG.
Versus
THE STATE OF BIHAR
with
Cr.Misc. No.1084 of 2011
CHAUTHI YADAV @ MUNNA YADAV
Versus
THE STATE OF BIHAR
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02 19.01.2011 All the above stated Cr. Misc. Cases are taken enbloc as
the above stated Cr. Misc. Cases have arisen out of Dhanarua P.S. Case
No. 256 of 2010 registered under Sections 147, 148, 149, 302, 448, 504
of the Indian Penal Code and accordingly, all the above stated Cr. Misc.
Cases are being disposed of by this common order.
Allegedly, all the above stated petitioners went at the
house of the informant and forcibly took away the informant’s brother,
who was subsequently killed by them near the house of accused Yadav
@ Dharmendra. It is specifically stated that accused Yadav @
Dharmendra gave rod blow on the head of the deceased and similarly,
accused Tuntun assaulted the deceased with rod, as a result, of which
2
deceased sustained head injury. Furthermore, it is specifically stated that
petitioner in Cr. Misc. No. 44713 of 2010 gave one blow of back
portion of rifle on the chest of the deceased and thereafter all the
accused persons assaulted the deceased with lathi and danda.
Learned counsels appearing in Cr. Misc. Nos. 43920 of
2010, 44680 of 2010, 44689 of 2010 and 1084 of 2011 submit that only
omnibus allegation has been levelled against all the aforesaid
petitioners.
Learned counsel appearing in Cr. Misc. No. 44713 of
2010 submits that no doubt there is allegation against the petitioner that
he gave one blow of back portion of rifle of butt on the chest of the
deceased, but the post mortem report, which is Annexure-2 of this
application, reveals that deceased died on account of his head injury and
no severe injury on the chest of the deceased was found.
Considering the aforesaid facts as well as submissions of
the parties all the above named petitioners are directed to be released on
bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned Sub
Divisional Judicial Magistrate, Masaurhi, Patna in connection with
above stated Dhanarua P.S. Case No. 256 of 2010.
Shahzad (Hemant Kumar Srivastava, J)