Rajendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5085 of 2019 Arising Out of PS. Case No.-213 Year-2018 Thana- JHAJHA District- Jamui ====================================================== Rajendra Yadav S/o Sahdeo Yadav Resident of Village- Piruadih, Police Station- Jhajha, District Jamui ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case initially registered under Sections 341, 323, 307. 504/34 of the Indian Penal Code and later on, Section 302 of the IPC was also added. The prosecution case, in brief, is that the petitioner along with his brother-in-law assaulted his father which led to death of the deceased.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 14-06-2018. Charge sheet has already been submitted. The petitioner has falsely been implicated in the present case. There is no other substantive

Patna High Court CR. MISC. No.5085 of 2019(3) dt.22-04-2019 2/2 evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. The petitioner is son of the deceased. He along with his brother-in-law assaulted the deceased. The injury caused by the petitioner and other accused led to death of the deceased.

Considering the nature and manner of allegation, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Sessions Trial No. 266 of 2018 arising out of Jhajha P.S. Case No. 213 of 2018 is rejected.

The trial court is directed to expedite the trial and conclude the same as early as possible, preferably within a period of one year from the date of receipt/production of copy of this order.

(Sudhir Singh, J) A.K.V.//- U T