Patna High CourtCR. MISC./54435/2015rejected

Pradeep Yadav v. The State Of Bihar

2016-03-09Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54435 of 2015 Arising Out of PS.Case No. -124 Year- 2015 Thana -KHAIRA District- JAMUI ======================================================

1. Pradeep Yadav Son of Tulsi Yadav Resident of village - Tetariya Tand, P.S. Khaira, District - Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s : Mr. Kr. Ranjit Ranjan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-03-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offence punishable under section 302/34 of the I.P.C Allegedly, the petitioner and other five co-accused brutally assaulted the son of the informant with sword, stone bolder, lathi and danda resulting Pairu Yadav, the son of the informant, died at the spot and the accused persons fled away after causing threats to the informant. The motive behind the occurrence is alleged that the deceased has demanded dues of the tractor fare from the petitioner resulting he has been killed by the petitioner and others.

Submission is of false implication and that there is no

Patna High Court Cr.Misc. No.54435 of 2015 (6) dt.09-03-2016 2/2 specific allegation against the petitioner, the allegations are omnibus and general in nature and the petitioner is suffering in custody since 02.09.2015.

The learned A.P.P. opposes prayer for bail by submitting that the petitioner has got criminal antecedent as he was involved in two more cases under section 302 of the I.P.C. In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, serious in nature, this Court is not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Khaira P.S. Case No. 124 of 2015 pending in the court of Sri U.K. Pandey, J.M. 1st Class, Jamui.

(Jitendra Mohan Sharma, J) Abhay/- U T