Ramesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23132 of 2021 Arising Out of PS. Case No.-306 Year-2019 Thana- JOGAPATTI District- West Champaran ====================================================== RAMESH YADAV Son of Late Bansi Yadav Resident of Village - Nimuiya, P.S.- Yogapatti (Nawalpur O.P), Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-11-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code to which section 302 of the Indian Penal Code was added subsequently.

As per the prosecution case, it is stated by the informant that the four named accused persons including the petitioner herein poured petrol on him and lighted him as a result of which he got burnt.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the F.I.R. are false and concocted. There is no explanation for the delay of four days in lodging of the F.I.R. Even from the narration of the F.I.R., it is not expected that the informant could see the accused persons.

Patna High Court CR. MISC. No.23132 of 2021(4) dt.23-11-2021 2/2 The petitioner has been falsely implicated in the case due to oblique reasons. The petitioner who has no criminal antecedent is in custody since 2.1.2020.

The application for bail is opposed by learned A.P.P. for the State who submits that subsequently in course of treatment, the informant died. He has taken the name of this petitioner along with others and the inquest report supports the allegations made in the F.I.R.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the contents of the material that has transpired in course of investigation, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Learned trial court is directed to expedite the trial. (Partha Sarthy, J) Saurabh/- U T