Ghanshyam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42671 of 2017 Arising Out of PS.Case No. -207 Year- 2016 Thana -GOPALGANJ TOWN District- GOPALGANJ ======================================================

1. Ghanshyam Yadav, Son of Late Ramadhar Prasad Yadav, Resident of Village- Arar More, P.S.- Gopalganj Town, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-09-2017 Heard.

The petitioner is main assailant in the case. The prayer for bail of the petitioner has earlier been rejected by this court vide order dated 27-01-2017 passed in Cr. Misc. No. 50338 of 2016.

There is specific allegation against this petitioner that he fired from his pistol, which hit husband of the informant and he died. The husband of the informant was taken to hospital where he was declared dead.

Counsel for the petitioner has tried to convince this court by showing Annexure-3 series with regard to the fact that he was not present at the place of occurrence. The counsel for the petitioner has taken the plea of alibi.

Patna High Court Cr.Misc. No.42671 of 2017 (2) dt.06-09-2017 2/2 This court in the earlier order dated 27-01-2017 passed in Cr. Misc. No. 50338 of 2016 has already mentioned that plea of alibi may be taken at the time of trial of the accused. This court prima facie is not convinced with the documents, produced by the petitioner as Annexure-3 series in support of his submission of alibi.

Therefore, prayer for bail of the petitioner is rejected. The trial court is directed to expedite the trial of the petitioner.

(Sanjay Priya, J) A.K.V./- U T