Vijay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8976 of 2018 Arising Out of PS.Case No. -257 Year- 2012 Thana -JOGAPATTI District- WESTCHAMPARAN (BETTIAH) ====================================================== Vijay Yadav S/o Shri Jhabbu Yadav, R/o Village- Chaumukha, P.S.- Jogapatti, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bipin Kumar Jha For the Opposite Party/s: Mr. Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 14-03-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Trial No. 2707 of 2017 arising out of Jogapatti P.S.Case No. 257 of 2012 registered under Sections 302, 120B and 504/34 of the Indian Penal Code and Section 27 of the Arms Act. Allegation in brief is that petitioner along with 11 others accused persons indiscriminately fired at the deceased causing his death at the spot.

Submission is that police has not sent up the petitioner for trial but cognizance has been taken by the learned Magistrate and only 04 firearm injuries are found on the person of the deceased though allegation of firing is against five persons. Whereas learned counsel for the State submits that there is allegation of indiscriminate firing by all accused persons including

Patna High Court Cr.Misc. No.8976 of 2018 (3) dt.14-03-2018 2/2 the petitioner and in total 08 firearms injuries including entry and exit wound, were found on the person of the deceased and prayer of bail of co-accused Jai Narain Yadav and Gallu Yadav @ Galu Yadav have been rejected by this Court.

Having considered the aforesaid facts and circumstances, the prayer for bail of the petitioner at present is rejected. (Arun Kumar, J) Sujit/- U T