Rajesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41543 of 2014 Arising Out of PS.Case No. -205 Year- 2013 Thana -ALOULI District- KHAGARIA ======================================================
1. Rajesh Yadav Son of Nago Yadav Resident of Village-Alauli, P.S.- Alauli, District-Khagaria.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raja Surendra Mohan For the Opposite Party/s : Mr. Abhay Kumar Ray(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-02-2015 Heard both sides.
The petitioner seeks bail in Alauli P.S. Case No. 205 of 2013 registered under section 302 and other allied sections of the Indian Penal Code and under section 27 of the Arms Act. The deceased himself is the informant of the case. The deceased alleged that the petitioner along with two other persons namely Nago Yadav and Anil Yadav came and asked as to why he deposed in the case on such Rajesh Yadav fired which hit the informant.
Learned counsel for the petitioner submits that during the course of investigation police did not collect the injury report. The informant was sent to P.M.C.H. where he died. It is further submitted that the father and sons of the informant
Patna High Court Cr.Misc. No.41543 of 2014 (3) dt.09-02-2015 2/2 disclosed that all the three accused persons fired. Considering the fact that the deceased himself has stated in his fardbeyan that it was Rajesh Yadav who fired causing him injury and consequent thereupon the informant was referred to P.M.C.H. for treatment but he died , I am not inclined to enlarge the petitioner on bail. The same is rejected. The learned trial court is directed to conclude the trial within one year from the date of receipt/production of a copy of this order. If the trial is not concluded within the stipulated time the petitioner may renew his prayer for bail firstly before the trial court. (Prabhat Kumar Jha, J) M.Rahman/- U T