Shiv Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17575 of 2019 Arising Out of PS. Case No.-538 Year-2017 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== SHIV KUMAR YADAV Son of Rambilash Yadav Resident of VillageKaithma, P.S.- Muffasil, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Ranjan For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-07-2019 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 302, 147, 148, 149 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that the accused persons opened fire at the father of the informant due to which he sustained injuries and later succumbed to the injuries. It has been submitted on behalf of the petitioner that the petitioner is in custody since 3.12.2018 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

Patna High Court CR. MISC. No.17575 of 2019(5) dt.30-07-2019 2/2 implicated in the present case due to political reason. Three persons are alleged to have fired upon the deceased including the petitioner but there are only two fire arms shot found on the body of the deceased.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. There is specific allegation of firing against the petitioner upon the deceased. The post-mortem report corroborates with the allegation.

Considering the same, I am not inclined to grant bail to the petitioner in connection with Muffasil P.S. Case No. 538 of 2017. The same is rejected. The Trial Court is directed to conclude the trial at the earliest preferably within nine months from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Pankaj/- U T