Patna High CourtCR. MISC./31737/2021bail rejected

Arun Yadav v. The State Of Bihar

2021-08-26Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31737 of 2021 Arising Out of PS. Case No.-49 Year-2020 Thana- BIHARIGANJ District- Madhepura ====================================================== ARUN YADAV Son of Late Janeshwari Yadav Resident of Village - Kusthan , P.S. - Bihariganj, District - Madhepura.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-08-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code and u/s 27 of Arms Act.

As per the prosecution case, on the alleged date and time of occurrence when the informant was talking with his brother Binod Kumar Agrawal in front of the fertilizer shop, the FIR named accused persons, including this petitioner, armed with deadly weapon, riding on motor cycle, came and shot the brother of informant who died on spot. It is further alleged that prior to the occurrence Bihariganj PS case No. 206/2018 and Sanha Entry No. 1066/2018 were filed against the accused persons and there was inimical term between the parties on account of land dispute.

Patna High Court CR. MISC. No.31737 of 2021(2) dt.26-08-2021 2/2 Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case due to land dispute. Three persons made firing but only one injury was found on the person of deceased. Petitioner is in custody since 26.11.2020.

Learned counsel appearing for the State opposes the prayer for bail and submits that there is direct and specific allegation against this petitioner that he along with two other accused persons fired causing the death of brother of informant on the spot.

Considering the facts aforesaid and the gravity of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

Since the petitioner is in custody since 26.11.2020, the trial court is directed to conclude the trial as soon as possible. (Prabhat Kumar Singh, J) BKS/- U T