Patna High CourtCR. MISC./23166/2015rejected

Munna Yadav v. The State Of Bihar

2015-10-01Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23166 of 2015 Arising Out of PS.Case No. -44 Year- 2015 Thana -BUXAR MUFFSIL District- BUXAR ====================================================== Munna Yadav Son of late Harihar Yadav R/o Village- Lalganj, P.S Buxar(M), District Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Smt. Indu Bala Panday (APP) For the Informant : Mr. Ramakant Yadav. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-10-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Buxar (M) P.S. Case No. 44 of 2015 registered under sections 147, 148, 341, 323, 448, 307, 302 of the I.P.C. and section 27 of the Arms Act pending in the Court of C.J.M., Buxar.

The accusation is that petitioner along with seven other accused persons armed with lathi, danda and pistol assaulted the son of the informant Ashok Kumar Singh. In that course, coaccused Munna Yadav fired at the head of the son of the informant, who died in course of treatment.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case due

Patna High Court Cr.Misc. No.23166 of 2015 (3) dt.01-10-2015 2/2 to enmity. It is also submitted that petitioner, having no criminal antecedent, is in custody since 10.03.2015.

On the other hand, learned A.P.P. opposed the prayer of the petitioner with contention that the witnesses, as cited in paragraph nos. 13, 22 and 23 of the case diary, have specifically stated about causing assault through fire arm by this petitioner to the deceased Ashok Kumar Singh, son of the informant. Having considered the facts and circumstances of the case and nature of allegation, I find no fresh ground to re-consider the prayer of the petitioner for bail. Accordingly, the application stands rejected.

(Rajendra Kumar Mishra, J.) Shail/- U T