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Patna High Court – Orders
Uchit Yadav @ Pahalwan vs The State Of Bihar on 21 November, 2011
                            Criminal Miscellaneous No.31541 of 2011
                                   Uchit Yadav @ Pahalwan
                                      The State Of Bihar

03/ 21.11.2011 Heard learned counsel for the petitioner as well as

learned Addl. Public Prosecutor for the State.

Petitioner is in jail custody in a case registered under

section 302/34 of the IPC.

There is specific allegation against the petitioner that he

along with other accused mercilessly assaulted the deceased as a

result of which he died while he was being taken to hospital.

Learned counsel for the petitioner submits that neither

informant nor other witnesses are eye witnesses of the alleged

occurrence and that is why at the time of alleged occurrence,

neither informant nor any other person has taken pain to inform the

police. It is further contended by him that, as a matter of fact, the

deceased was assaulted by some unknown person and after death of

the deceased, this false case has been instituted against the

petitioner and others on account of village politics.

Taking into consideration the above stated facts and

circumstances as well as submissions of the parties, I am not

inclined to release the petitioner on bail.

Accordingly, the prayer for bail of the petitioner in

connection with Sahebpur Kamal P.S. Case no. 67/2011 pending in

the court of the Chief Judicial Magistrate, Begusarai stands



The Chief Judicial Magistrate, Begusarai is hereby,

directed to take step for commitment of the case of the petitioner to

the court of Sessions in accordance with law within one month

from the date of receipt of this order.

shahid                                 (Hemant Kumar Srivastava,J)

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