Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23156 of 2023 Arising Out of PS. Case No.-80 Year-2022 Thana- NAUGACHIA District- Bhagalpur ====================================================== Sanjay Yadav Son Of Ghughli Yadav @ Ganga Yadav Resident Of VillageChousa, Ps- Chousa, Distt- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-07-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 30.05.2022 in connection with Naugachia P.S.Case No.80 of 2022, F.I.R. dated 20.03.2022 registered for the offence punishable under Sections 341,302,307,504,120(B) of IPC and Sections 27 of the Arms Act.

3. Allegation against the petitioner is that he shot fired on the head of Bharat Yadav( deceased) and he fell down after getting soaked in blood due to bullet injury.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. Further submits that the allegation as alleged in the FIR is false and fabricated and

Patna High Court CR. MISC. No.23156 of 2023(3) dt.18-07-2023 2/2 the petitioner has not committed any offence as alleged in the FIR. Further submits that as per FIR allegation against the petitioner is that he shot fired on the head of the deceased due to admitted previous land dispute between the parties.

5. Learned APP for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that there is direct specific allegation against the petitioner that he shot fired on the head of the deceased and the postmortem report also supports the allegation as alleged in the FIR.

6. Considering the aforesaid facts, there is direct specific allegation against the petitioner that he shot fired upon the deceased and the medical evidence supported the same, I am not inclined to enlarge the petitioner on bail in connection with Naugachia P.S.Case No.80 of 2022 pending in the court of learned Additional Sessions Judge-1st, Naugachia, Bhagalpur.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T