Sumit Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58043 of 2017 Arising Out of PS.Case No. -271 Year- 2014 Thana -KHAJEKALA District- PATNA ====================================================== Sumit Yadav, Son of Sri Sanjay Yadav, resident of Bakshi Mohalla P.S. Khajekalan, District- Patna.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Bipin Kumar For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 14-12-2017 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Khajekalan PS Case No. 271 of 2014 (Sessions Trial No. 446 of 2017) registered under Sections 147, 148, 149, 324, 307. 379. 302, 120B of the IPC and Section 27 of the Arms Act.
The allegation in brief is that the while the informant was in her cow-shed along with her husband in the night then all the accused persons turned up, entered into the cow-shed and started indiscriminate firing upon her husband causing his death. It is alleged that petitioner Sumit Yadav, Dhiru Yadav, Ajay Yadav, Dharmendra Yadav, Babloo Yadav and Chhotu Yadav opened fire and another staff Prakash Kumar was also shot at by the accused persons causing fire arm injury to him.
Learned Counsel for the petitioner submits that due to enmity the petitioner has falsely been implicated and one Chhotu Yadav, another co-accused, was granted bail by the court below as he was in custody since the date of alleged occurrence in connection with another case.
Having considered the said facts and circumstances of the
Patna High Court Cr.Misc. No.58043 of 2017 (2) dt.14-12-2017 case and the specific allegation against the petitioner as well as his criminal antecedent the prayer for bail of the petitioner is rejected. The trial court is directed to expedite the trial and conclude the same preferably within two years.
Let a copy of this order be sent to the SSP Patna to ensure production of prosecution witnesses before the trial court. (Arun Kumar, J) Snkumar/- U T