Nandan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41783 of 2015 Arising Out of PS.Case No. -222 Year- 2014 Thana -ALOULI District- KHAGARIA ====================================================== Nandan Yadav S/o Shatrudhan Yadav Resident of village - Mansherpur, P.S. Baliya, District - Begusarai .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Saroj Kumar Sharma For the Opposite Party/s : Mr. R.P.S.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-11-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Section 302/34 of the Indian Penal Code.
Allegation against the petitioner is that he struck the head of the deceased to the ground and co-accused Rohit Kumar cut the neck of the deceased.
It has been submitted on behalf of the petitioner that he has got no criminal antecedent. He is in custody since 23.6.2015. Chargesheet has been submitted in the present case. There is no allegation of tampering of evidence against the petitioner. There is no injury attributed against the petitioner. The main allegation is against one co-accused Rohit Kumar.
On behalf of the State, it is submitted that petitioner is named in the F.I.R. and there is specific overt act alleged against the petitioner. Petitioner and the deceased are none else they are brother and sister and he has actively participated in committing the heinous crime of murder.
Patna High Court Cr.Misc. No.41783 of 2015 (3) dt.30-11-2015 2 / 2 Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner, same is rejected. Any how, the court below is directed to take all necessary steps to conclude the trial in connection with Alauli P.S. case no. 222 of 2014 preferably within a period of one year from the date of receipt/production of a copy of this order. (Sudhir Singh, J) sudip/- U T