Bhikhari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5491 of 2018 Arising Out of PS.Case No. -267 Year- 2017 Thana -BANKA District- BANKA ====================================================== Bhikhari Yadav, son of Late Mahabir Yadav, Resident of VillageManjhiyara, P.S. Banka, District Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy, Advocate. For the Opposite Party/s : Smt. Gulnar Begam, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in S.Tr. No. 495 of 2017 arising out of Banka P.S. Case No. 267 of 2017 initially registered under Sections 147, 148, 149, 323, 324, 325, 307, 384 and 385 of the Indian Penal Code and subsequently added with Section 302 of the Indian Penal Code.

There is direct allegation against the petitioner of assaulting the deceased by means of fire arm resulting into his death.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case due to business rivalry and previous animosity. He has no concern with the said occurrence. He has no criminal antecedent. The petitioner

Patna High Court Cr.Misc. No.5491 of 2018 (3) dt.20-02-2018 2/2 has been languishing in custody since 01.06.2017. As there is direct allegation against the petitioner of assaulting the deceased by fire arm resulting into his death, I am not inclined to enlarge the petitioner on bail. Prayer for bail of the petitioner is rejected.

However, learned Trial Court is directed to conclude the trial as expeditiously as possible. (Prakash Chandra Jaiswal, J) Mishra/- U T