Patna High CourtCR. MISC./33598/2017dismissed

Anil Yadav v. The State Of Bihar

2017-08-04Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.33598 of 2017 (3) dt.04-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33598 of 2017 Arising Out of PS.Case No. -176 Year- 2016 Thana -BIHRA District- SAHARSA ======================================================

1. Anil Yadav S/o Late Bhuppi Yadav, R/o Village- Mankhahi, P.S.- Bihra, District- Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiva Shankar Sharma For the Opposite Party/s : Mr. Sri Ajay Kumar-1 For the informant : Mr. Rajnish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-08-2017 The petitioner seeks regular bail in connection with Bihra P.S. Case No. 176 of 2016, registered for offences punishable under Sections 302, 120(B), 34 of Indian Penal Code. Allegation against the petitioner and other co-accused is of firing on the deceased causing his death.

It has been submitted on behalf of the petitioner that though a detailed F.I.R has been filed, however, he has not been named in the F.I.R later on informant named this petitioner in fardbeyan when the post mortem report revealed two injuries on the person of the deceased. Further he has falsely been implicated in this case due to dispute with regard to panchayat election. Petitioner has been in judicial custody for last two months. Learned counsel for the State as well as learned counsel

Patna High Court Cr.Misc. No.33598 of 2017 (3) dt.04-08-2017 for the informant opposed the prayer for bail and submitted that in para 5 and 7 some witnesses have seen the petitioner fleeing away from the place of occurrence and some witnesses have also stated in para 12 and 13 of the case diary that petitioner was one of the assailants.

Having heard both sides, considering the fact and circumstances of the case and nature of allegation, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected.

(Vinod Kumar Sinha, J) sunil/- U T