Patna High CourtCR. MISC./48693/2016rejected

Satyanand Singh Yadav @ Satya Narayan Singh Yadav v. The State Of Bihar

2016-12-02Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48693 of 2016 Arising Out of PS.Case No. -105 Year- 2014 Thana -PALIGANJ District- PATNA ====================================================== Satyanand Singh Yadav @ Satya Narayan Singh Yadav Son of Late Chandra Singh Yadav Resident of Village- Fatehpur, P.S.- Paliganj, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chhote Lal Mishra For the Opposite Party/s : Mr. Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 02-12-2016 Heard the counsel for the petitioner and Mr. N.K. Singh for the informant.

The petitioner prays for bail in Paliganj P.S. case No. 105 of 2014 registered under section 302 IPC. While the deceased with his father was at the Darwaza of the informant, it is alleged that all the accused persons cited in the FIR arrived there and the petitioner fired from his pistol in the abdomen of the victim which ultimately proved fatal. There is further allegation against other accused persons present there. The contention of the petitioner is that there a counter version of the case registered under section 307 IPC. It may be a case of exercise of a right of private defence. The petitioner is

Patna High Court Cr.Misc. No.48693 of 2016 (2) dt.02-12-2016 2/2 in custody since 25.06.2016.

Counsel for the informant opposed the prayer and submitted that the petitioner, according to the FIR, is the main assailant. He did not submit to the jurisdiction of the court for nearly 02 years.

Considering the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner. Prayer is accordingly rejected.

Let the trial court take steps for examination of all the prosecution witnesses within 10 months from the date of receipt/communication of this order.

(Kishore Kumar Mandal, J) HR/- U T