Patna High CourtCR. MISC./20185/2024dismissed

Bhola Yadav @ Amar Kumar v. The State Of Bihar

2024-08-09Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20185 of 2024 Arising Out of PS. Case No.-254 Year-2022 Thana- MURLIGANJ District- Madhepura ====================================================== Bhola Yadav @ Amar Kumar SON OF SUDHO YADAV @ KARI YADAV Resident Of Village -Parmanandpur Ward no 11, ps -Murliganj, disttMadhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jagannath Prasad For the Opposite Party/s :

Mr.Amitesh Kumar For the Informant :

Mr. Uday Chand Prasad Ms. Pooja ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Murliganj P.S. Case No. 254 of 2022 dated 30.05.2022, lodged under Sections 147, 341, 302, 120-B, 504 and 506 of the I.P.C. read with Section 27 of the Arms Act.

3. As per the prosecution case, the F.I.R. has been lodged against 10 named accused including the petitioner. It is alleged that the criminals came armed and fired at the prosecution party and thereafter, Vikash Kumar and the petitioner fired from their rifle upon the deceased.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.20185 of 2024(4) dt.09-08-2024 2/2 petitioner is innocent and has committed no offence. He also submits that the petitioner is in custody since 08.09.2023 and have no criminal antecedent. He further submits that there is only one gun shot injury on the body of the deceased and therefore, the petitioner may be granted bail.

5. Learned counsel for the petitioner further submits that whether it is the petitioner or other co-accused, who has shot the deceased is a subject matter of thte trial. It is an admitted position that the petitioner has participated in the killing of the deceased.

6. Learned A.P.P. for the State and learned counsel for the informant opposes the prayer for bail.

7. Considering the aforesaid fact that one person had been killed by the petitioner, I am not inclined to grant bail to the petitioner.

8. Accordingly, this application is dismissed.

9. The Trial Court is directed to expedite the trial and conclude the same as early as possible.

(Sandeep Kumar, J) Vikas/- U T