Patna High CourtCR. MISC./8147/2024dismissed

Mahendra Yadav @ Buchay Yadav v. The State Of Bihar

2024-04-16Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8147 of 2024 Arising Out of PS. Case No.-305 Year-2023 Thana- TRIVENIGANJ District- Supaul ====================================================== Mahendra Yadav @ Buchay Yadav son of Late Saryuj Yadav @ Saryug Yadav Vill- Brahkurva Ward No-05 Pratap Pur Sikiyaha, Ps- Triveniganj DistSupaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Triveniganj P.S. Case No. 305 of 2023 registered for the offence under Section 364, 120B/34 of the Indian Penal Code and later Section 302, 201 of the Indian Penal Code was also added.

3. As per the prosecution case, the deceased was having an affair with the daughter of the petitioner and his dead body was found and the informant of this case suspected the hand of the petitioner and other accused persons in the crime.

4. During investigation, one eye witness, who is a local Pujari in Paragraph 81 of the case diary has said that the petitioner and others including Jatuhi Yadav had assaulted the

Patna High Court CR. MISC. No.8147 of 2024(3) dt.16-04-2024 2/2 victim and the victim was killed. Moreover, the DVR which was there in the house of Jatuhi Yadav has been removed by him and therefore, the CCTV footage has disappeared.

5. The Post-mortem report also supports the fact that the deceased was assaulted and killed by the accused persons.

6. The petitioner has been identified by a eye witness , who is a local pujari and has participated in the assault and killing of the deceased as the deceased was having a relationship with his daughter.

7. The petitioner is in jail since 31.08.2023.

8. Considering the aforesaid facts, this Court is not inclined to grant bail to the petitioner.

9. Accordingly, this application is dismissed.

10. The Court below is directed to expedite the trial of the petitioner and conclude the same at the earliest. (Sandeep Kumar, J) Vikas/- U T