Mohan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30196 of 2017 Arising Out of PS.Case No. -128 Year- 2017 Thana -PIRBAHOR District- PATNA ====================================================== Mohan Yadav, aged about 60 years, S/o Rameshwar Yadav, R/o MohallaBhawar Pokhar, P.S. Pirbahore, District Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Ms. Kumari Jyoti For the Opposite Party/s : Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-08-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Pirbahore P.S.Case No. 128 of 2017 registered for the offences punishable under Sections 307, 386, 341, 506/34 and 302 of the Indian Penal Code.

Allegation as per FIR against the petitioner is that he along with other accused persons assaulted the deceased causing his death.

It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case as there is no allegation of assault against the petitioner, which will appear from CCTV footage and there is no participation of the petitioner in the crime and he is in custody for more than four months and he is a

Patna High Court Cr.Misc. No.30196 of 2017 (5) dt.03-08-2017 2/2 TB patient.

Heard learned APP and learned counsel for the informant also. They have opposed the prayer for bail stating that the petitioner along with others has killed the deceased. Having heard both sides and considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner at this stage.

However, petitioner may renew his prayer for bail after framing of charge in this case.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U