Santosh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25798 of 2014 Arising Out of PS.Case No. -103 Year- 2013 Thana -ARA NAGAR District- BHOJPUR ======================================================
1. Santosh Yadav, son of Sri Sheo Prasad Yadav, resident of villageBegumpur, P.S.- Ara Town in the district Bhojpur .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Anita Kumari Singh For the Opposite Party : Mr. Akbar Ali (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-02-2015 Petitioner is languishing in custody since 27.09.2013 in a case registered for the offences punishable under Section 302/34 of the I.P.C and Section 27 of the Arms Act.
It is alleged that the son of the informant Aftab Alam was killed. This information was received by the informant through his son and others and when he reached to the P.O he found his son in a pool of blood. At the P.O the informant came to know through the eye witnesses that Dipu Sah, Tikal Sharma, Manna Rain, Hakim Rain and Mohan Prasad Master came and made indiscriminate firing killing the son of the informant.
It is submitted by learned counsel for the petitioner that other brother of the victim being son of the informant has not named this petitioner. It is further submitted that the F.I.R named co-accused Mohan Prasad Master in his
Patna High Court Cr.Misc. No.25798 of 2014 (4) dt.03-02-2015 2/2 confessional statement has not alleged any overt act against this petitioner.
It is submitted by learned A.P.P that statement of the eye witness Md. Tasleem has been recorded in para 20 of the case diary which suggests that firstly this petitioner made firing.
Considering the aforesaid facts, this Court is not inclined to grant bail to the petitioner at present. Accordingly the application is dismissed in connection with Ara Town P.S. Case No. 103 of 2013, pending in the Court of learned Chief Judicial Magistrate, Bhojpur at Arrah.
(Dinesh Kumar Singh, J) Shageer/- U T