Patna High CourtCR. MISC./17458/2019dismissed

Nunu Gop @ Nunulal Yadav v. The State Of Bihar

2019-07-29Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17458 of 2019 Arising Out of PS. Case No.-145 Year-2011 Thana- RAHUI District- Nalanda ====================================================== NUNU GOP @ NUNULAL YADAV Son of Nande Gope Resident of Village - Amarpur P.S.- Rahui, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 452, 302/34 of the Indian Penal Code. The prosecution allegation in short is that the accused persons committed murder of the father of the informant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.11.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. As per the F.I.R., general and omnibus allegation has been made against the petitioner. No specific over act is alleged against the petitioner.

Patna High Court CR. MISC. No.17458 of 2019(4) dt.29-07-2019 2/2 On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The informant, in his restatement in paragraph 4 of the case diary has categorically stated that this petitioner has pressed the neck of the deceased. The post-mortem report also corroborates the same. Considering the same, I am not inclined to grant bail to the petitioner in connection with Rahui/Bhagan Bigha P.S. Case No. 145/2011 (S.T. No. 451/12). The same is rejected. The Trial Court is directed to expedite the case. (Sudhir Singh, J) Pankaj/- U T