Yogendera Rai @ Yogendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30825 of 2016 Arising Out of PS.Case No. -231 Year- 2015 Thana -RAMKRISHNANAGAR District- PATNA ====================================================== Yogendera Rai @ Yogendra Prasad son of Ram Pravesh Rai resident of Mohalla- Jaganpur, P.S.- Ramkrishna Nagar District- Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Jay Ram Prasad, Advocate. For the State : Mr. C. Jawaher, APP For the Informant : Mr. Bibhuti Ranjan Sonvadra, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-09-2016 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The petitioner is languishing in custody in connection with Ram Krishna Nagar P.S. Case No. 231 of 2015 for the offence instituted under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the accused persons including the petitioner is of assaulting the husband of the informant with sharp weapon and gun, as a result of which, he died on the spot. It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.03.2016. The charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.30825 of 2016 (3) dt.14-09-2016 2/2 informant is not an eyewitness to the alleged occurrence. No specific allegation has been attributed against the petitioner. On behalf of the state and the counsel for the informant, it has been submitted that the petitioner is named in the F.I.R. The daughter of the informant has been examined in para-72 of the case diary, where it is alleged that this petitioner fired upon the deceased. The postmortem report also corroborates the allegations made by the daughter of the informant.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in Ram Krishna Nagar P.S. Case No. 231 of 2015, pending in the court of learned Chief Judicial Magistrate, Patna. Anyhow, the trial court is directed to take all necessary steps to expedite the trial.

(Sudhir Singh, J.) Amit/- U T