Prahalad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7280 of 2020 Arising Out of PS. Case No.-226 Year-2018 Thana- KAUWAKOL District- Nawada ====================================================== PRAHALAD YADAV Son of Late Bhattu Yadav Resident of Village - Benipur, P.S.- Rupo, Distt - Nawada.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2020 Petitioner seeks bail in connection with Kawakole P.S. Case No. 226 of 2018, registered for the offences punishable under Sections 147, 148, 149, 302 of the Indian Penal Code and Section 27 of the Arms Act.

As per FIR petitioner and seven other accused persons made indiscriminate firing on the deceased, causing his death. It appears that petitioner is accused in two other cases also. However, during course of argument it has been submitted by learned counsel for the petitioner that he is an accused in one more case which he could not state in paragraph-3 of the petition as it is at concluding stage.

Submission of learned counsel for the petitioner is that there is general and omnibus allegation against all the accused persons and only two injuries were found on the body

Patna High Court CR. MISC. No.7280 of 2020(3) dt.28-02-2020 2/2 of deceased and he is in custody since 17.7.2019. Heard learned APP, who has opposed the prayer for bail on the ground that there is allegation against all the accused, including petitioner of indiscriminate firing and that shows that they have common intention in this case.

In view of above facts and circumstances, I am not inclined to grant bail to the petitioner at this stage. Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T