Shankar Yadav @ Shankar Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22874 of 2025 Arising Out of PS. Case No.-638 Year-2018 Thana- BARACHATTI District- Gaya ====================================================== Shankar Yadav @ Shankar Kumar Yadav S/o Late Chauthi Yadav R/o VillSewai Tola, Dumrawan, P.S.- Barachatti, Distt- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 01-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner apprehend his arrest in a case registered for the offence punishable under sections 302, 120(B) and 34 of IPC and Section 27 of Arms Act.
3. The prosecution story, in brief is that there is a serious allegation and the alleged offence relates to murder committed by five persons by hatching up conspiracy and in the present case, all the accused persons including this petitioner came at the house of informant and dragged informant's husband out from his house forcefully and thereafter, co-accused namely Shankar Yadav caused firearm injury to the informant's husband, who died at the
Patna High Court CR. MISC. No.22874 of 2025(2) dt.01-05-2025 2/3 spot.
4. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the present case, it is next submitted that the petitioner has been falsely implicated due to previous enmity with the family members of the informant, it is next submitted that husband of the informant (deceased) was a craft man and has previous enmity with the villagers due to which the accused persons named in the FIR had scuffled with him due to which he died. It is further submitted that petitioner was neither present nor was involved in the alleged occurrence and has been falsely implicated due to dirty village party politics. Learned counsel for the petitioner submits that there is no cogent evidence or any materials available against the petitioner on record except the allegation in the FIR.
5. Learned A.P.P. for the State opposes the bail petition.
6. Considering the gravity of the allegation/offence alleged to have been committed by the petitioner i.e., of firing which resulted in the murder of the
Patna High Court CR. MISC. No.22874 of 2025(2) dt.01-05-2025 3/3 deceased namely, Chauthi Yadav, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner.
7. Hence, the prayer for anticipatory bail stands dismissed.
(Alok Kumar Sinha, J) Gaurav Sinha/- U T