Jai Kishore Yadav @ Kishore Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2300 of 2020 Arising Out of PS. Case No.-185 Year-2019 Thana- BIHPUR District- Bhagalpur ====================================================== Jai Kishore Yadav @ Kishore Yadav Son of Late Arjun Yadav Resident of Village - Ganoul, P.S.- Bihpur (Bhawanipur), Distt.- Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Yadav, Advocate For the Opposite Party/s :
Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-05-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State. The petitioner seeks bail in Bihpur (Bhawanipur) P.S. Case No. 185 of 2019, registered for the offences punishable under Sections 147, 148, 149, 302 of the Indian Penal Code and section 27 of the Arms Act.
The informant alleged that his father and his uncle were grazing their cows near Narayanpur Station. In the meantime, the petitioner along with other co-accused fired upon his father, as a result of which, he succumbed to the injuries. It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. There is
Patna High Court CR. MISC. No.2300 of 2020(4) dt.29-05-2020 2/2 general and omnibus allegation against this petitioner. Petitioner is in custody since 03.07.2019 having no criminal antecedent.
Counsel for the informant however, vehemently opposed the prayer for bail and submitted that there is specific allegation of firing in both the eyes of the deceased, against this petitioner, as a result of which both the eye balls were lost which is supported by medical report.
Considering the fact that the petitioner is one of the assailants, whose action caused death of informant's father on the spot, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T