Balistar Yadav @ Balitar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21322 of 2023 Arising Out of PS. Case No.-218 Year-2021 Thana- MANJHAGARH District- Gopalganj ====================================================== BALISTAR YADAV @ BALITAR YADAV Son of Late Dhanesh Yadav Resident of village - Bhaisahi Dhamai, P.S.- Manjhagarh, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh,Advocate For the Opposite Party/s :

Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with S.Tr. No. 278 of 2022 arising out of Manjhagarh P.S. Case No. 218 of 2021 dated 04.08.2021 registered for the offences punishable u/s 302 of the Indian Penal Code.

As per the prosecution case, the petitioner is alleged to have stabbed on the chest of the informant's son with knife on the issue of parking of tempo. Thereafter, he was brought to the

Patna High Court CR. MISC. No.21322 of 2023(2) dt.23-05-2023 2/2 hospital for treatment where he was declared dead by the doctor. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.08.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that there is specific allegation against the petitioner of inflicting blow of the knife on the vital part of the informant's son who died. Considering the aforesaid facts and circumstances of the case as well as the specific and the heinous nature of allegation against the petitioner, I am not inclined to enlarge the petitioner above-named on bail.

Accordingly, his prayer for grant of bail is rejected. Learned trial court is directed to expedite the trial and conclude the same at the earliest.

(Chandra Prakash Singh, J) Gautam/- U T