Patna High Court - OrdersBablu Yadav vs The State Of Bihar on 18 January, 2021Author:Anil Kumar SinhaBench:Anil Kumar SinhaIN THE HIGH COURT OF JUDICATURE AT PATNA\n                                  CRIMINAL APPEAL (SJ) No.391 of 2021\n                       Arising Out of PS. Case No.-123 Year-2001 Thana- BELHAR District- Banka\n                 ======================================================\n           1.     BABLU YADAV S/o Radhe Yadav Resident of Village- Chandan Nagar,\n                  P.S.- Belhar, Distt- Banka.\n           2.    JOGINDER YADAV @ YOGENDRA YADAV @ UGENDRA YADAV\n                 SON OF LATE BAJO YADAV Resident of Village- Chandan Nagar, P.S.-\n                 Belhar, Distt- Banka.\n           3.    NANDLAL MANDAL SON OF LATE BALDEO MANDAL Resident of\n                 Village- Chandan Nagar, P.S.- Belhar, Distt- Banka.\n           4.    PREMCHANDRA @ PREM CHANDRA YADAV @ BDO YADAV SON\n                 OF LATE CHANDESHWARI YADAV Resident of Village- Chandan Nagar,\n                 P.S.- Belhar, Distt- Banka.\n           5.    SADHU YADAV @ SADHO YADAV SON OF LATE BAJO YADAV\n                 Resident of Village- Chandan Nagar, P.S.- Belhar, Distt- Banka.\n           6.    KAMALKANT YADAV @ KAMALA KANT YADAV SON OF SADHU\n                 YADAV @ SADHO YADAV Resident of Village- Chandan Nagar, P.S.-\n                 Belhar, Distt- Banka.\n           7.    KRISHANDEO YADAV SON OF LATE MOHAN YADAV Resident of\n                 Village- Chandan Nagar, P.S.- Belhar, Distt- Banka.\n           8.    SANJAN YADAV @ SANJAY YADAV SON OF JOGINDER YADAV @\n                 YOGENDRA YADAV @ UGENDRA YADAV Resident of Village-\n                 Chandan Nagar, P.S.- Belhar, Distt- Banka.\n           9.    VIJAY YADAV SON OF JOGINDER YADAV @ YOGENDRA YADAV @\n                 UGENDRA YADAV Resident of Village- Chandan Nagar, P.S.- Belhar,\n                 Distt- Banka.\n           10. RADHE YADAV SON OF LATE BAJO YADAV Resident of Village-\n               Chandan Nagar, P.S.- Belhar, Distt- Banka.\n\n                                                                                  ... ... Appellant/s\n                                                       Versus\n                 THE STATE OF BIHAR\n\n                                                           ... ... Respondent/s\n                 ======================================================\n                 Appearance :\n                 For the Appellant/s     :       Mr.Ajay Mukherjee\n                 For the Respondent/s    :       Mr.A.G.\n                 ======================================================\n                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA\n                                       ORAL ORDER\n\n2   18-01-2021Heard learned Counsel for the appellants and learned\n\n                   Additional Public Prosecutor for the State.\n Patna High Court CR. APP (SJ) No.391 of 2021(2) dt.18-01-20212/5The present appeal has been preferred by the\n\n          appellants against the judgment of conviction and order of\n\n          sentence, dated 14.12.2020, passed by learned Presiding Officer,\n\n          Fast Track Court No. 1, Banka, in Sessions Trial No. 795 of\n\n          2002 (arising out of Belhar Police Station Case No. 123 of\n\n          2001) whereby the appellants have been convicted for the\n\n          charges under Sections 354 and 324 read withSection 149of\n\n          the Indian Penal Code .By the impugned judgment, the appellants have been\n\n          sentenced to undergo simple imprisonment for 2 years with a\n\n          fine of Rs. 2,000/- each underSection 354read withSection\n\n          149of the Indian Penal Code, and in default of payment of fine,\n\n          the appellants have further to undergo simple imprisonment for\n\n          03 months. The appellants have further been sentenced to\n\n          undergo simple imprisonment for 03 years underSection 324read withSection 149of the Indian Penal Code. All the\n\n          sentences have, however, been ordered to run concurrently.The prosecution story, in short, on the basis of\n\n          fardbayan of the informant, Kanhaiya Pandit, is that in the\n\n          morning of 22.11.2001, while the informant, along with his\n\n          family, was returning to his house after performing Chhath Puja,\n\n          co-convict Premchandra Yadav @ BDO Yadav started teasing\n Patna High Court CR. APP (SJ) No.391 of 2021(2) dt.18-01-20213/5the daughter of one Savitri Devi, due to which hot words were\n\n          exchanged between the convicts and the villagers. It has further\n\n          been alleged that all the convicts, variously armed, arrived at the\n\n          door of Hari Kishore Mandal and started quarreling and when\n\n          Manoj Yadav tried to pacify the matter, all the convicts also\n\n          started quarreling with him and chased Manoj Yadav. In the\n\n          meanwhile, PW 4 and PW 9 reached in the village and then\n\n          Chandeshwar Pandit threatened them with a musket and co-\n\n          convict Krishnadeo Yadav and Premchandra Yadav started\n\n          assaulting them and the informant started fleeing towards his\n\n          house, upon which co-convict Premchand Yadav chased him\n\n          and also hurled bomb upon him. It has further been alleged that\n\n          the informant and his uncle entered into his house, but the\n\n          informant's uncle was caught by Chandeshwari Yadav and\n\n          exhorted to kill him, upon which co-convicts Premchandra\n\n          Yadav and Kapildeo Yadav assaulted him by means of sword on\n\n          his neck and co-convicts Sanjay Yadav, Vijay Yadav and\n\n          Kamalakant Yadav assaulted him by means of khanti, lathi and\n\n          injured them. It has further been alleged that co-convict Sadhu\n\n          Pandit assaulted Dular Pandit by means of lathi, bhala and\n\n          khanti and further Radhe Yadav and Bajo Yadav (since dead)\n\n          also assaulted with lathi to Dular Pandit and co-convict Nand\n Patna High Court CR. APP (SJ) No.391 of 2021(2) dt.18-01-20214/5Lal Mandal hurled bombs on the houses of Dinesh Pandit and\n\n          Sukhdeo Pandit, due to which both the houses got fire.This appeal will be heard.Call for the Lower Court's record of Sessions Trial\n\n          No. 795 of 2002 (arising out of Belhar Police Station Case No.\n\n          123 of 2001) from the Court of learned Presiding Officer, Fast\n\n          Track Court No. 1, Banka.Learned Counsel for the appellants, on the point of\n\n          suspension of sentence and grant bail to the appellants, submits\n\n          that prosecution has failed to prove the charges framed against\n\n          the appellants beyond the shadow of all reasonable doubts. He\n\n          further submits that the Investigating Officer of this case, the\n\n          doctor, who examined the injured persons and the doctor who\n\n          has conducted post mortem examination were not examined as\n\n          witnesses during trial. He further submits that there was case\n\n          and counter case for the occurrence which has taken place on\n\n          the same date and time and one of the co-convicts has lodged\n\n          Belhar Police Station Case No. 122 of 2001, underSections\n\n          147/148/149/323/324/504/341/436/307of the Indian Penal\n\n          Code, in which the informant of the present case, along with\n\n          others have been convicted in Sessions Trial No. 466 of 2003.\n\n          He further submits that all the co-convicts were all along on bail\n             Patna High Court CR. APP (SJ) No.391 of 2021(2) dt.18-01-20215/5and after conviction they have been granted provisional bail by\n\n                      the learned Court below itself.Having heard learned counsel for the parties and\n\n                      taking into consideration the submissions advanced on behalf of\n\n                      the appellants and further after going through the materials\n\n                      available on record and the fact that during the course of trial\n\n                      the appellants were all along on bail, I am of the considered\n\n                      opinion that the appellants have made out a case for suspension\n\n                      of sentence and their release on bail during the pendency of this\n\n                      appeal.Accordingly, the execution of sentence and realization\n\n                      of fine, during the pendency of this appeal, shall remain\n\n                      suspended.Let the appellants, above named, be released on bail,\n\n                      pending appeal, on furnishing bail bonds of Rs. 10,000/- (ten\n\n                      thousand) each with two sureties of the like amount each to the\n\n                      satisfaction of learned Presiding Officer, Fast Track Court No. 1,\n\n                      Banka, in connection with Sessions Trial No. 795 of 2002\n\n                      (arising out of Belhar Police Station Case No. 123 of 2001).(Anil Kumar Sinha, J.)\nPrabhakar Anand/-U √     T   √