Bikash Yadav @ Vikas Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13107 of 2025 Arising Out of PS. Case No.-24 Year-2023 Thana- MURAR District- Buxar ====================================================== Bikash Yadav @ Vikas Yadav S/o Jaiprakash Singh @ Munna Yadav R/o villOjha Baraon, P.S- Murar, Dist- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Chandra Verma, Sr. Adv Mr. Adarsh Singh, Adv Mr. Vikas Kumar Jha, Adv For the Opposite Party/s :
Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-03-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with sessions Trial No. 345/2023 arising out of Murar P.S. Case No. 24/2023 dated 09.03.2023 registered for the offence punishable u/s 147, 149, 302, 506, 504, 307 and 120B of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, when the informant's brother and his wife were sitting at their door. In the meantime, the petitioner and the co-accused persons came and caught the hands of Thakur Singh and the petitioner fired indiscriminately
Patna High Court CR. MISC. No.13107 of 2025(2) dt.24-03-2025 2/3 on the informant's brother, due to which, he died on the spot. When the informant's family members were coming after playing faguwa, six miscreants surrounded them and the coaccused, Harendra Yadav fired from his pistol, due to which Rahul Yadav sustained firearm injury.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case on account of land dispute. There is a delay of one day in lodging the FIR. The petitioner has no concern with the alleged occurrence. The other co-accused person has already been granted bail by the Co-ordinate Bench vide order dated 29.02.2024 passed in Cr. Misc. No. 76786/2023. The petitioner has one antecedent in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 16.03.2023.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the specific allegation of firing is against the petitioner. Inquest report and Post Mortem report of the deceased are on record in which the cause of death is due to firearm injuries.
6. Considering the aforesaid facts and circumstances of the case as well as the specific allegation against the petitioner, this Court is not inclined to grant bail to the petitioner
Patna High Court CR. MISC. No.13107 of 2025(2) dt.24-03-2025 3/3 and the same is rejected in connection with sessions Trial No. 345/2023 arising out of Murar P.S. Case No. 24/2023, pending in the court of learned Additional Sessions Judge-2, Buxar.
7. This application stands rejected.
(Chandra Prakash Singh, J) atul/- U T