Santosh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49506 of 2018 Arising Out of PS. Case No.-61 Year-2018 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== Santosh Kumar Yadav, S/o Ramanand Yadav, R/o village- Ram Nagar Barbasa Tapka, ward no. 4, P.S. Muffasil, District- Katihar. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dilip Kumar, Advocate For the Opposite Party/s :
Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 10-08-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Katihar Muffasil District P.S. Case No. 61 of 2018, registered under Sections 302/34 of the IPC and under Section 27 of the Arms Act.
Accusation against the petitioner is that he came to the house of informant on motorcycle in night and called his brother and when his brother came out the petitioner shot at him causing his death. Thereafter, he escaped away.
Learned counsel for the petitioner submits that the informant reached at the place of occurrence after hearing alarm and falsely implicated the petitioner. Earlier a complaint case was instituted few months back by the wife of the petitioner vide Complaint Case No. 2476 of 2017 against informant and
Patna High Court Cr.Misc. No.49506 of 2018(2) dt.10-08-2018 2/2 his family members.
Learned counsel appearing on behalf of the State submits that there is specific accusation against this petitioner of killing informant's brother and has criminal antecedents also. Having considered the aforesaid facts and circumstances of the case and also considering the specific allegation of killing against the petitioner and having criminal antecedents, the prayer of bail of the petitioner is rejected. (Arun Kumar, J) khushbu/- U T