Vivek Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16128 of 2020 Arising Out of PS. Case No.-21 Year-2019 Thana- GOVINDPUR District- Nawada ====================================================== VIVEK YADAV Son of Late Mithlesh Yadav Resident of Village - Maharnganj, P.S. - Govindpur, District - Nawada. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-06-2020 Heard learned counsel for the parties.

This application for grant of regular bail arises out of Govindpur P.S. Case No.21 of 2019, registered for the offence punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

The First Information Report was registered against unknown. It is alleged in the First Information Report that members of an organization, namely, P.L.F.I., were demanding extortion money through cellular phone in respect of which Govindpur P.S. Case No. 19 of 2019 was registered on 03.02.2019. The informant has asserted that in view of such demands being made, the family members were taking due care for the protection of their lives and property. However, on the alleged date of occurrence, i.e., 06.02.2019, the informant heard sounds of indiscriminate firing. The informant's nephew was

Patna High Court CR. MISC. No.16128 of 2020(3) dt.30-06-2020 2/2 killed by the miscreants.

It transpires from the case diary, which is available on record, that at least two persons confessed their involvement in commission of the offence in their separate statements recorded before the police. It appears from the case diary that on the basis of confessional statement of co-accused, recovery of articles used in commission of the offence including the cellular phone used for demanding extortion money was made.

Learned Additional Public Prosecutor representing the State has informed this Court that most of the witnesses have been examined and the trial is at advance stage. Considering the gravity of the offence, I am not inclined to grant the petitioner privilege of regular bail for the present.

This application is accordingly rejected.

(Chakradhari Sharan Singh, J) Pawan/- U T