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Patna High CourtCR. MISC./12236/2021bail rejected

Anil Yadav v. The State Of Bihar

2021-07-12Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12236 of 2021 Arising Out of PS. Case No.-296 Year-2014 Thana- BIHPUR District- Bhagalpur ====================================================== ANIL YADAV Son of Jogi Yadav Resident of Village - Autiyabad, P.S.- Jhandapur, Dist.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar For the Opposite Party/s :

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Bihpur P.S. Case No. 296 of 2014 corresponding to Sessions Trial No. 410 of 2016, registered for the offence punishable under Sections 302, 201, 120(B)/34 of the Indian Penal Code.

As per the prosecution case, petitioner is alleged to have shot fire on the deceased, torn his stomach by knife and threw his dead body in the river.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. From the FIR, it appears that it was accidental fire and petitioner has no

Patna High Court CR. MISC. No.12236 of 2021(3) dt.12-07-2021 2/2 intention to kill the deceased. Petitioner is in custody since 19.01.2019. Chargesheet has already been submitted. Counsel for the State opposed the bail application and submitted that petitioner is the assailant of deceased who fired upon the deceased causing his death.

Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T