Rahul Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48993 of 2016 Arising Out of PS.Case No. -74 Year- 2016 Thana -BUXAR District- BUXAR ======================================================

1. Rahul Yadav S/o Kamal Yadav Resident of Budhanpurva, P.S. Nagar, District Buxar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. B.K. Singh, Sr. Advocate Mr. Binod Kumar, Advocate Mr. Raj Bansh Dubey, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 16-02-2017 Heard learned counsel for the petitioner as well as learned APP for the State.

Petitioner is the sole assailant of the deceased, which is found corroborated with the postmortem report apart from presence of eyewitness under paragraph-222 as well as 223 of the case diary.

Learned counsel for the petitioner has submitted that two days prior to the occurrence, petitioner had instituted Buxar Town PS Case No. 70/2016 on 24.02.2016 whereunder he was brutally assaulted and for that, he was being treated in a hospital. So, presence of petitioner could not be expected that too as an assailant of the deceased. He has falsely been implicated in the background of property dispute.

Patna High Court Cr.Misc. No.48993 of 2016 (4) dt.16-02-2017 Apart from having the plea of alibi subject to trial, the petitioner till then was an absconder of Buddha Colony PS Case No. 132/2014 wherein he subsequently surrendered and then thereafter on the basis of production warrant, has been remanded in this case shows the conduct of the petitioner along with being identified as sole assailant and the cumulative effect thereof, disentitled the petitioner to seek privilege of bail. Consequent thereupon, prayer for bail is rejected. (Aditya Kumar Trivedi, J) perwez U T