Patna High CourtCR. MISC./11594/2024rejected

Birju Yadav v. The State Of Bihar

2024-04-03Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11594 of 2024 Arising Out of PS. Case No.-28 Year-2012 Thana- SAMHO District- Begusarai ====================================================== Birju Yadav S/O BHAGWAN YADAV R/o VILLAGE- JAGAN SAIDPUR, PS.- SHAMHO, DIST. BEGUSARAI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-04-2024 Heard Mr.Sabal Kumar Jha, learned counsel for the petitioner and Mr.Bhanu Pratap Singh, learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail, who is in custody since 15.02.2022 in connection with Shamho P.S. Case No. 28 of 2012, F.I.R. dated 14.06.2012 registered for the offence punishable under Sections 302/34 of IPC and Section 27 of Arms Act.

3. Earlier the prayer for bail of the petitioner was rejected vide order dated 29.03.2023 passed in Cr. Misc. No.62033 of 2022. The petitioner again moved before this Court in Cr. Misc. No.74792 of 2023 which was dismissed as withdrawn vide order dated 10.11.2023. Thereafter, the petitioner has filed the present bail petition.

Patna High Court CR. MISC. No.11594 of 2024(3) dt.03-04-2024 2/2

4. Learned A.P.P. for the State, on other other hand, has vehemently opposed the prayer for bail of the petitioner and submits that from a bare perusal of the FIR it appears that the allegation against the petitioner is that he fired upon the husband of the informant due to which he died and medical evidence also supports the allegation as alleged in the FIR and apart from that, the petitioner was named in the FIR but he was absconder for the period of about ten years and lastly he has surrendered in February 2022.

5. Considering the aforesaid fact, I am not inclined to enlarge the petitioner on bail in connection with Shamho P.S. Case No. 28 of 2012 pending in the court of learned J.M. 1st Class, Begusarai.

6. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T