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Patna High CourtCR. MISC./10929/2020bail rejected

Gorelal Yadav@ Gore Yadav v. The State Of Bihar

2020-08-26Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10929 of 2020 Arising Out of PS. Case No.-226 Year-2018 Thana- KAUWAKOL District- Nawada ====================================================== Gorelal Yadav@ Gore Yadav, Male, aged about 44 years, Son of Radho Yadav Resident of Village - Intabandh, P.S.- Chandradeep, Distt - Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakash Mahto, Adv.

For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 26-08-2020 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Kawakole P.S. Case No. 226 of 2018 registered for offences under sections 147, 148, 149, 302 of the Indian Penal Code and Section 27 of the Arms Act.

In the present case, a dispute has arisen on account of irrigating the field. As per allegation, all the accused persons including the present petitioner surrounded the brother of the Informant and fired shot upon him due to which he died at the spot.

The name of the petitioner has been mentioned as one of the accused persons.

Learned counsel for the petitioner submits that at

Patna High Court CR. MISC. No.10929 of 2020(4) dt.26-08-2020 2/2 the time of occurrence, the wife of the victim was bringing the breakfast but, she, in her statement made in paragraph no.13 for the Case Diary, has not taken the name of the present petitioner but, the name of the petitioner has been taken by the Informant himself. The petitioner has also four criminal antecedents as has been stated in paragraph no.3 of the present bail application. Looking to the entire facts and circumstances of the case as also the petitioner having criminal antecedent, this Court is not inclined to grant bail to the petitioner, above named. Accordingly, the prayer for bail of the petitioner is rejected for the present.

(Shivaji Pandey, J) rishi/- U T