Pappu Yadav @ Pappu Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56452 of 2015 Arising Out of PS.Case No. -145 Year- 2013 Thana -BITHAN BAZAR District- SAMASTIPUR ====================================================== Pappu Yadav @ Pappu Kumar Yadav, Son of Vijay Yadav, resident of Village- Shanichra, P.S.- Kusheshwar Asthan, District- Darbhanga. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dshirendra Kumar Trivedi For the Opposite Party/s : Mr. Binod Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-03-2016 Heard learned counsel for the petitioner and counsel for the State.
In this case, the petitioner is seeking bail in connection with Bithan P.S. Case No. 145 of 2013 for offence under Section 302 and later on added Sections 379, 120(B) of the Indian Penal Code.
In the present case, eight persons on four motorcycles come to the place of occurrence and one of them was petitioner. They have spread bullet on the son of the Informant. Not only the son of the Informant was died but also a passerby was hit by a bullet and succumbed to injury. Apart from the statement made in the First Information Report, other person, Mukhia of the village, in paragraph no.149 of the Case Diary, has also identified the
Patna High Court Cr.Misc. No.56452 of 2015 (5) dt.02-03-2016 petitioner. He has specifically stated about the involvement of the petitioner in the incident.
Learned counsel for the petitioner has placed reliance on an order of this Court dated 10.2.2016 in Cr. Misc. No. 51872 of 2015 claiming that the present case is identical to the case of Shravan Yadav and, so, the petitioner is also entitled for bail. Looking to the manner in which the petitioner is involved in committing the crime and the paragraph no. 149 of the Case Diary, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner, namely, Pappu Yadav @ Pappu Kumar Yadav is rejected at this stage.
(Shivaji Pandey, J) Rishi/- U T