Aaditya Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20804 of 2022 Arising Out of PS. Case No.-236 Year-2020 Thana- IMAMGANJ District- Gaya ====================================================== AADITYA YADAV Son of Kailash Yadav Resident of Village - Bikopur, P.S. - Roshanganj, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinu Kumar, Adv.

Mr. Vardaan Mangalam, Adv.

Ms.Ritika Rani, Adv.

For the State :

Mr.Aditya Narayan Singh.1, APP For the Informant Mr. Anil Kumar Saxena, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 22-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the informant.

The petitioner seeks bail in connection with Imamganj P.S. Case No. 236 of 2020 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

As per prosecution case, there is accusation against the petitioner to have made firing upon the informant's mother which hit the back of informant's mother and during course of treatment she died. There is also allegation against the petitioner that he again made firing which went in vain.

Patna High Court CR. MISC. No.20804 of 2022(3) dt.22-09-2022 2/2 Learned counsel for the petitioner submits that petitioner is in custody since 02.11.2021 and bears criminal antecedent of eight cases. He further submits that petitioner has falsely been implicated in this case on mere suspicion. No incriminating article has been recovered from possession of the petitioner.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner submitting that there is specific allegation of firing against the petitioner and the same is corroborated by the postmortem report of deceased. Considering the facts and circumstances of the case, nature of allegation levelled against the petitioner coupled with postmortem report as well as material available on record, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is hereby rejected. However, the learned trial court is directed to expedite the trial and conclude the same as early as possible. (Alok Kumar Pandey, J) shahzad/- U T