Mukesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20557 of 2016 Arising out of PS.Case No. -262 Year- 2015 Thana -BALIA District- BEGUSARAI ====================================================== Mukesh Yadav, s/o Late Yogendra Yadav, R/o Village- Bari Ballia, P.S.- Ballia District- Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Shubhesh Pandey, Advocate. For the Opposite Party : Mr. Durgesh Nandan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 09.10.2015 in connection with Ballia P.S. Case No. 262 of 2015 for the offences instituted under Sections 341, 307, 147 of the IPC and 27 of the Arms Act.

The accusation is of causing fire arm injury upon the informant by some unknown miscreants.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.10.2015 and the charge sheet has been submitted in the present case. The petitioner is not named in the F.I.R. The informant in his re-statement has raised suspicion against the petitioner. On the alleged date of occurrence the

Patna High Court Cr.Misc. No.20557 of 2016 (3) dt.19-07-2016 2/2 petitioner was in judicial custody.

On behalf of the State it has been submitted that the petitioner is not named in the F.I.R. His name has come in course of investigation in the confessional statement of a co-accused. It has been alleged that at the instance of this petitioner the occurrence has taken place. The petitioner is involved in as many as seven criminal cases.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner at this stage. The same is rejected in Ballia P.S. Case No. 262/2015, pending in the court of the learned J.M. Ist Class, Begusarai.

U.K./- (Sudhir Singh, J) U T