Fudo Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.80710 of 2018 Arising Out of PS. Case No.-79 Year-2011 Thana- MUNGER MUFFASIL District- Munger ====================================================== Fudo Yadav son of Tho-Tho Yadav @ Bindeshwari Yadav, Resident of Village/ Muhalla - Taufir Tota, P.S. - Muffasil, District - Munger. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjiv Kumar Singh For the Opposite Party/s :
Mr.Sri Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-01-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Muffasil P.S. Case No. 79 of 2011 registered for the offence punishable under Sections 147, 148, 149 and 302 of the Indian Penal Code and under Section 27 of the Arms Act.
Informant has alleged that when his father was coming to his house along with other co-villagers, petitioner along with other co-accused variously armed came there and surrounded his father and started indiscriminate firing upon him as a result of which he fell down and died in the way when he was being carried to the hospital.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to ulterior motive. There is no specific allegation against the
Patna High Court Cr.Misc. No.80710 of 2018(3) dt.31-01-2019 2/2 petitioner. There is general and omnibus allegation. Petitioner has got no criminal antecedent and is in custody since 02.08.2018.
Considering the fact that there is direct allegation of firing against the petitioner, I am not inclined to enlarge the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is hereby rejected.
However, trial Court is directed to expedite the trial and conclude the same within a period of six months. (S. Kumar, J) ranjan/manojU T