Patna High CourtCR. MISC./20170/2021bail rejected

Antosh Yadav v. The State Of Bihar

2021-09-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20170 of 2021 Arising Out of PS. Case No.-9 Year-2019 Thana- KATEYA District- Gopalganj ====================================================== ANTOSH YADAV SON OF GORAKH YADAV R/O VILLAGESULTANPUR, P.S.- KATEYA, DISTRICT- GOPALGANJ. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harendra Prasad For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-09-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code and u/s 27 of Arms Act As per the prosecution case, on 08.01.2019 at about 1.20 PM when informant along with his mother were returning home after withdrawing money from the Bank, this petitioner along with other FIR named accused persons forcibly stopped the bike of informant and started abusing her mother. It is further alleged that co-accused Kanhaiya Singh and Pappu Yadav caught hold of the informant and all other accused persons assaulted him with fists and legs and when his mother came to save this petitioner shot at her as a result of which she died.

Patna High Court CR. MISC. No.20170 of 2021(3) dt.06-09-2021 2/2 Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case and in fact some unknown criminals killed the mother of informant in order to snatch the money. Petitioner is in custody since 29.03.2020 and investigation in this case is complete. Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case, nature of allegation and the fact that petitioner is the main assailant, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) BKS/- U T