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Patna High CourtCR. MISC./45041/2017dismissed

Satyendra Kumar Yadav @ Dhannu Yadav v. The State Of Bihar

2017-10-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45041 of 2017 Arising Out of PS.Case No. -105 Year- 2017 Thana -KUDRA District- BHABHUA (KAIMUR) ====================================================== Satyendra Kumar Yadav @ Dhannu Yadav, S/o Rajvansh Yadav, Resident of Village- Amarpur, P.S.- Bhagwanpur, District- Kaimur (Bhabua). .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Viveka Nand Singh For the Opposite Party/s : Mr. Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-10-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Kudra P.S.Case No. 105 of 2017 registered for the offences punishable under Sections 302 of the Indian Penal Code and 27 of the Arms Act.

Petitioner is not named in the FIR and it appears that later on his name transpires on the basis of self confession statement of petitioner and confessional statement of co-accused and further there is recovery of one pistol from his possession. Submission of learned counsel for the petitioner is that except confessional statement there is nothing against him and he is in custody since 19.6.2017.

Heard learned APP also, who has opposed the prayer for

Patna High Court Cr.Misc. No.45041 of 2017 (3) dt.10-10-2017 2/2 bail on the ground that there is confession of the petitioner apart from confessional statement of co-accused and recovery of fire arm and post mortem shows that death is due to fire arm injury. Having heard both sides and in the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. Prayer for bail is rejected.

However, learned court below is directed to expedite commitment of the case and after commitment learned trial court is directed to conclude the trial preferably within a period of one year.

With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U