Mahesh Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.45716 of 2014 (2) dt.18-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45716 of 2014 Arising Out of PS.Case No. -172 Year- 2012 Thana -MOKAMAH District- PATNA ======================================================

1. Mahesh Yadav Son of Late Singheshwar Yadav Resident of villageKanhaipur, P.S.- Mokama, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Smt. Renu Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-02-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Mokama P.S. Case No. 172 of 2012 registered for the offences punishable under Sections 147, 148, 149, 447, 302, 435, 427 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, the petitioner shot the father of the informant on his temporal region resulting he fell down and other co-accused have also opened fire on the informant and his men. Submission is that during investigation witnesses have stated that all have fired and there is no specific allegation in the statement of witnesses and only one wound of entry and exit has been found by the doctor to which the learned APP opposes.

Patna High Court Cr.Misc. No.45716 of 2014 (2) dt.18-02-2015 Considering the fact that the petitioner is the assailant, this Court is not inclined to enlarge the petitioner on bail. Accordingly, his prayer for bail is rejected. (Jitendra Mohan Sharma, J) avin/- U T