Nandlesh Kumar @ Karu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13813 of 2020 Arising Out of PS. Case No.-116 Year-2019 Thana- CHANDI District- Nalanda ====================================================== NANDLESH KUMAR @ KARU YADAV Son of Sri Mishri Yadav Resident of Village- Kesaura, P.S.- Chandi, District- Nalanda. ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Md.Imteyaz Ahmad, Advocate.

For the State :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-03-2020 Heard the parties.

The petitioner seeks bail in connection with Chandi P.S. Case No.116 of 2019 registered under Sections 147, 148, 149, 302, 120(B) and 504 of the Indian Penal Code besides Section 27 of the Arms Act, pending in the court of the Additional Chief Judicial Magistrate, Hilsa (Nalanda).

The accusation is that on 07.04.2019 at about 10.30 A.M., when the informant Rina Devi, on hearing the sound of firing, reached at the Dalan of Ashok Kumar, then saw Nandlesh Kumar alias Karu Yadav (petitioner), Rahesh Kumar, Nandu Yadav and Umashankar Yadav alias Morpiya abusing and making indiscriminate firing. In the meantime, Kamlesh Kumar, Aklesh Kumar, Shankar Yadav, Mishri Yadav and Krishna Yadav also reached there and they also started to abuse and make indiscriminate firing. At that time, on

Patna High Court CR. MISC. No.13813 of 2020(2) dt.03-03-2020 2/2 the order of Kamlesh Yadav and Aklesh Yadav, this petitioner shot fire through his rifle at Musafir Yadav, the father-in-law of the informant, causing injury on the right side of his chest. Rahesh Yadav also made firing through pistol, which hit the she-buffalo. The father-in-law of the informant died in the way, while he was being taken for treatment.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in this case due to dirty village politics and is in custody since 06.05.2019. Having regard to the facts and the circumstances of the case and considering the nature of direct allegation against the petitioner to shot fire through his rifle at the father-in-law of the informant, causing injury on the right side of his chest, I am not inclined to grant bail to the petitioner. Accordingly, the prayer of the petitioner for grant of bail stands rejected. (Rajendra Kumar Mishra, J) P.S./- U T