Patna High CourtCR. MISC./20753/2024bail rejected

Ajoy Yadav @ Ajay Yadav v. The State Of Bihar

2024-04-02Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20753 of 2024 Arising Out of PS. Case No.-416 Year-2022 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== 1.

Ajoy Yadav @ Ajay Yadav S/o- Late Ram Kishun Yadav Village- Jhajha PsKusheshwar Asthan Dist- Darbhanga 2.

Siya Ram Yadav son of Late Yaddu Yadav Village- Jhajha Ps- Kusheshwar Asthan Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rashmi Jha, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-04-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek regular bail in connection with S.T. No.651 of 2023, arising out of K. Asthan P.S. Case No. 416 of 2022, lodged on 08.12.2022, under Sections 302/120B/34 of the I.P.C. and under Section 27 of the Arms Act.

3. As per the prosecution, the FIR has been lodged against 14 accused persons including the present petitioners and 4-5 unknown accused persons against whom there is allegation of firing shot on the informant's husband due to which he sustained injuries and died on the spot.

4. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.20753 of 2024(2) dt.02-04-2024 2/2 petitioners are innocent and have committed no offence. Counsel submits that there is no specific allegation of firing against the petitioners. There is delay of 41 hours in lodging the present case. Counsel submits that the charges have already been framed in this case. Counsel submits that the petitioners are in custody since 15.06.2023 and 16.05.2023 respectively.

5. Learned counsel for the State opposes the prayer for bail and submits that the petitioners are named in the FIR and there is allegation upon the petitioners and others that they have murdered the husband of the informant.

6. In the circumstance, I am not inclined to grant bail to the petitioners. Hence, the prayer for bail of the petitioners is refused. However, the petitioners may renew the prayer for bail seven months after framing of the charges.

(Dr. Anshuman, J) Mkr./- U T