Jay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31077 of 2021 Arising Out of PS. Case No.-204 Year-2020 Thana- SAUR BAZAR District- Saharsa ====================================================== JAY KUMAR YADAV S/o Raghuvar Yadav @ Raghunandan Yadav Resident of Village- Surmaha Bajrangi Tola Ward No.7, P.S.- Sour Bazar (Patarghat O.P), District- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Informant :

Mr. Ashok Kumar, Advocate For the State :

Mr. Vinod Shankar Modi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-12-2021 Heard Mr. Amarnath Jha, learned counsel for the petitioner, Mr. Ashok Kumar, learned counsel for the informant and Mr. Vinod Shankar Modi, learned Additional Public Prosecutor appearing for the State.

Petitioner seeks regular bail in connection with Sour Bazar (Patarghat O.P.) P.S. Case No. 204 of 2020 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 504, 506, 307, 302 of the Indian Penal Code 1860 and Section 27 of the Arms Act.

The allegation against the petitioner is that he fired upon the brother of the informant with country made pistol, due to which, he died.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.31077 of 2021(2) dt.13-12-2021 2/2 petitioner has falsely been implicated in this case due to land dispute between the informant and the petitioner. Learned counsel further submits that the petitioner is in custody since 20.5.2020 and charge sheet has already been submitted in this matter.

On the other hand, learned counsel for the informant submits that the petitioner is main assailant and there is specific allegation of firing upon the brother of the informant, due to which, he died.

Regards being had to the submission made by the parties and taking into consideration the materials on record and the fact that the petitioner is main assailant, I am not inclined to grant regular bail to the petitioner.

Accordingly, the prayer for bail of the petitioner stands rejected.

(Anil Kumar Sinha, J) S.Ali/- U T