Ashish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51872 of 2018 Arising Out of PS.Case No. -316 Year- 2017 Thana -TRIVENIGANJ District- SUPAUL ====================================================== Ashish Yadav, aged about 31 years, S/o Shivchandra Yadav, R/o VillageDumaria Kothi, P.S.- Triveniganj, District- Supaul. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjit Jha For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner. No one has appeared on behalf of the State.

The petitioner, in the present case, is seeking regular bail in connection with Tribeniganj P.S. Case No. 316 of 2017, registered for offences alleged under Sections 341, 323, 326, 307/34 and 302 of the Indian Penal Code.

Learned counsel for the petitioner submits that one of the co-accused Manoj Kumar has been granted bail by a learned Coordinate Bench of this Court in Cr. Misc. No. 28558 of 2018, and, therefore, the petitioner should be granted the same privilege, however going through the allegations made in the F.I.R., this Court finds that there is a specific allegation against this petitioner and according to the Fardbeyan this petitioner had fired from his

Patna High Court Cr.Misc. No.51872 of 2018 (2) dt.20-09-2018 2/2 pistol on the deceased and because of the injury sustained by him due to such firing he fell down. Later on, the victim died. In the aforesaid view of the matter, finding that there is specific allegation against the petitioner of firing and the said firing had proved fatal and caused death, this Court is not inclined to grant the privilege of regular bail to the petitioner. The application is dismissed.

(Rajeev Ranjan Prasad, J) R.R.Ojha.

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