Gopal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3038 of 2022 Arising Out of PS. Case No.-463 Year-2020 Thana- GOGRI District- Khagaria ====================================================== Gopal Yadav Son of Late Vakil Yadav Resident of Village - Shergarh, P.S. - Gogri, District - Khagaria.

... ... Petitioner

Versus

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

For the Petitioner/s : Mr.Birendra Kumar Singh For the Opposite Party/s : Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-06-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in a case registered for the offence punishable under Sections 364, 302/34 of IPC. Allegedly, this petitioner and co-accused persons abducted informant's sister and forcefully took the victim at a grave- yard where they killed the victim by causing fire arm injury and also threatened the informant of dire consequences. The main submissions advanced by learned counsel for the petitioner are that in the FIR any motive of the petitioner was not mentioned to commit the alleged heinous crime and the

Patna High Court CR. MISC. No.3038 of 2022(2) dt.20-06-2022 2/2 present case was lodged due to political rivalry, there is no independent witness and the petitioner has been languishing in jail since 15.02.2021.

Learned APP has opposed the prayer for bail.

Heard both the sides and perused the FIR. The present case relates to abduction as well as murder and petitioner and other co-accused persons not only abducted the victim from her house but also killed her by causing fire arm injury to the deceased and the allegation made in the FIR shows the alleged crime having been committed in a planned manner and there is specific allegation against the petitioner and also the fact that there is criminal antecedent of three cases against the petitioner. Considering all these facts in the opinion of this Court it is not a fit case for grant of bail to the petitioner. Accordingly, his prayer for bail stands rejected. (Shailendra Singh, J) siddharthkr/- U T