Mritunjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41719 of 2016 Arising Out of PS.Case No. -169 Year- 2016 Thana -MADHEPURA District- MADHEPURA ====================================================== Mritunjay Yadav S/o Shakaldeo Yadav resident of village - Tuniyahi, P.S. + District - Madhepura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Madhepura P.S. Case No. 169 of 2016 registered under sections 302, 323, 341, 147, 148 and 149 of the I.P.C. pending in the Court of C.J.M., Madhepura.

According to F.I.R., the petitioner fired causing injury at the chest of Bijendra Yadav, as a result thereof, he died on the spot. Besides the informant, other eye witnesses have supported the aforesaid allegation.

Submission of learned counsel for the petitioner is that the subsequent investigation would reveal that in fact, the prosecution's side were celebrating their release on bail and they

Patna High Court Cr.Misc. No.41719 of 2016 (3) dt.13-12-2016 2/2 resorted to firing, which caused injury to Bijendra Yadav, as a result whereof, he died.

Considering the direct allegation against the petitioner by eye witnesses, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, prayer of the petitioner for bail is rejected.

(Birendra Kumar, J) Shail/- U T