Kumodi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70852 of 2018 Arising Out of PS. Case No.-149 Year-2016 Thana- NAUGACHIA District- Bhagalpur ====================================================== Kumodi Yadav, Son of Late Rajendra Yadav, Resident of VillageBhawanipur, P.S.- Gopalpur (Rangra O.P.), District- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Adv.

Mr. Dinesh Choudhary, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Nawgachiya P.S. Case No. 149 of 2016 giving rise to Sessions Trial No. 241 of 2018 registered for the offences punishable under Sections 147, 148, 149, 302 and 120 (B) of the Indian Penal Code and under Section 27 of the Arms Act.

Informant who is the sister-in-law of the deceased has alleged that when she along with Binod Yadav (deceased) and other family member were passing through P.C.C road, petitioner along with other co-accused surrounded them and made indiscriminate firing upon Binod Yadav as a result of

Patna High Court Cr.Misc. No.70852 of 2018(2) dt.11-12-2018 2/2 which he died at the spot.

There is allegation against petitioner of firing upon the deceased, as such, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is hereby rejected.

However, after one year of the custody the petitioner would be at liberty to renew his prayer for bail. (S. Kumar, J) Rajiv/ManojU T