Gadasi @ Dinesh Yadav @ Dinesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8968 of 2025 Arising Out of PS. Case No.-10 Year-2024 Thana- JAGDISHPUR District- Bhojpur ====================================================== Gadasi @ Dinesh Yadav @ Dinesh Singh Son of Dashai Yadav Village -Garha PS -Udwantnagar District -Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-04-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2.
The petitioner seeks bail in connection with Jagdishpur P.S. Case No. 10 of 2024 instituted for the offences under Sections 302, 34, 120B of the Indian Penal Code and Section 27 of the Arms Act. Earlier vide order dated 20-09-2024, passed in Cr. Misc. No. 39092 of 2024, anticipatory bail of the petitioner was rejected by this Court. 3.
Prosecution case as emanated from the FIR is that accused persons have killed the son of the informant. 4.
Learned counsel for the petitioner submitted that the petitioner is innocent and has committed no offence and has falsely been implicated in the present case. Learned counsel for
Patna High Court CR. MISC. No.8968 of 2025(3) dt.11-04-2025 2/3 the petitioner submits that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. He further submits that the petitioner has been made accused in this case on the basis of CCTV footage as well as on the basis of confessional statement of co-accused, namely, Shekhar Kumar. There is no independent witness in the present case against the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.10.2024 and has got no criminal antecedent. 5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP referring to paragraph nos. 7 and 8 of the case diary submitted that several witnesses have supported the case of the prosecution. Learned APP further submitted that as per postmortem report, death of the deceased was caused due to shock and hemorrhage on vital parts of the body and fire arm injury was also found. It is next submitted that in paragraph No. 36 of the case diary, petitioner has confessed his guilt in his confessional statement. It is fervently submitted that bail of similarly situated co-accused has been rejected by this Court vide order dated 31-01-2025, passed in Cr. Misc. No. 87385 of 2024.
Patna High Court CR. MISC. No.8968 of 2025(3) dt.11-04-2025 3/3 6.
Considering the aforesaid facts and circumstances of the case, material available against the petitioner in the case diary as also the nature and gravity of offence, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for grant of bail to the petitioner is rejected. 7.
The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.
(Rudra Prakash Mishra, J) Raj Kishore/- U T