Patna High CourtCR. MISC./13762/2021bail granted

Binod Singh v. The State Of Bihar

2021-08-16Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13769 of 2021 Arising Out of PS. Case No.-217 Year-2020 Thana- ARA MUFFSIL District- Bhojpur ====================================================== DEEPAK KUMAR YADAV @ DEEPU KUMAR YADAV Son of Binod Yadav Resident of Village- Bhadeya, P.S. - Ara Muffasil, District - Bhojpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.U. Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-08-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of bail in Ara Mufassil P.S. Case no. 217/2020 registered for the offence punishable under section 302/34 of the Indian Penal Code and section 27 of the Arms Act.

As per prosecution case, on 16.7.2020 while informant was sleeping in his house at 2.30 a.m., he got information through co-villagers that dead body of his son was lying near Bhadeya Mor. On such information, he rushed to the place of the occurrence and found his son lying in pool of blood having gun shot injury on his temple and his mobile was not with him leading to registration of F.I.R against unknown.

Patna High Court CR. MISC. No.13769 of 2021(3) dt.16-08-2021 2/2 It is submitted on behalf of the petitioner that petitioner is not named in the FIR and name of the petitioner transpires during course of investigation. It is further submitted that none had seen the occurrence and the informant is not an eye witness and the petitioner has been falsely implicated in this case at the instance of his enemy. Petitioner is in custody since 25.07.2020. However, learned counsel for the State opposed the prayer for bail and submitted that snatched money of the deceased and weapon used in the occurrence were recovered on the disclosure made by this petitioner.

Considering the rival submissions and materials on record, bail application of the petitioner is rejected. (Prabhat Kumar Singh, J) s.hassan/- U T