Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55410 of 2015 Arising Out of PS.Case No. -219 Year- 2015 Thana -FATUHA District- PATNA ====================================================== Rajesh Yadav, Son of Jatan Singh resident of village - Thegua, Police Station - Fatuha, District - Patna .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar For the Opposite Party/s : Mr. Damodar Prasad Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 18-12-2015 Heard Sri Awadhesh Kumar, learned counsel for the petitioner, Sri Damodar Prasad Tiwary learned Addl. Public Prosecutor and Sri Nityanand Tiwary, learned counsel, who has intended to file Vakalatnama. He may file the same in the Registry.

The petitioner, who is in custody since 12.08.2015 in connection with Fatuha P.S. Case no.219/15 registered for the offence under Section 307 and other allied Sections of the Indian Penal Code, has prayed for grant of bail.

Learned counsel for the petitioner, while pressing the bail petition, has argued that it has been alleged in the F.I.R. that the petitioner fired from double barrel gun, but the injury, which has been received by the informant, does not corroborate the

Patna High Court Cr.Misc. No.55410 of 2015 (2) dt.18-12-2015 2/2 allegation. He submits that save and except the aforesaid allegation, none had seen the occurrence. On the aforesaid ground, learned counsel for the petitioner has prayed for bail. Be that as it may, I have perused the F.I.R. and keeping in view the allegation made in the F.I.R., at the moment, I am not inclined to grant bail to the petitioner. The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U