Badal Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11173 of 2024 Arising Out of PS. Case No.-170 Year-2023 Thana- SHAMBHUGANJ District- Banka ====================================================== Badal Kumar Yadav Son of Dhananjay Yadav @ Dhananjay Kumar Resident of Village- Shankarpur , Police Station- Mufassil, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Shambhuganj P.S. Case No. 170 of 2023 registered on 03.07.2023 lodged under Sections 341, 323, 379, 307, 504, 506/34, 302of the I.P.C. and 27 of the Arms Act.

3. As per the prosecution case, F.I.R. has been lodged against four named accused persons including the petitioner against whom there is allegation of firing in stomach of the deceased due to which he died.

5. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 20.09.2023 having no criminal case pending against him, in which he is on bail. Counsel further submits that

Patna High Court CR. MISC. No.11173 of 2024(2) dt.22-02-2024 2/2 date of occurrence is on 23.06.2023 whereas F.I.R. has been lodged on 01.07.2023

6. Learned counsel for the State opposes the prayer for bail and submits that delay is already explained in the F.I.R. and direct allegation of murder is upon the petitioner.

7. In the present facts and circumstances of this case, this Court is not inclined to grant bail to the petitioner. Accordingly, his bail application is hereby rejected. (Dr. Anshuman, J) Sunnykr/- U