IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31541 of 2011 Uchit Yadav @ Pahalwan Versus 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)