Patna High CourtCR. MISC./34905/2024rejected

Satish Kumar @ Chhabila Yadav v. The State Of Bihar

2024-07-15Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34905 of 2024 Arising Out of PS. Case No.-161 Year-2022 Thana- PARASBIGHA District- Jehanabad ====================================================== Satish Kumar @ Chhabila Yadav Son of Mr. Lali Yadav Resident of VillageMissir Bigha, P.S.- Parasbigha, Dist.- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Ms.Vaishnavi Singh, Advocate Mr. Ritwik Thakur, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Sessions Trial No. 672 of 2022 arising out of Parasbigha P.S Case No. 161 of 2022 registered for the offences punishable under Sections 302, 120(B) of the I.P.C and 27 of the Arms Act.

3. As per allegation in the FIR, petitioner along with other co-accused persons have fired on the informant's father due to which he died.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is also

Patna High Court CR. MISC. No.34905 of 2024(5) dt.15-07-2024 2/2 submitted that petitioner is in judicial custody since 05.01.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of FIR, impugned order, case diary and other records of this case it appears that petitioner is named in FIR and there is specific allegation against Satish Kumar (present petitioner), Randhir Kumar and Madhir Kumar to fire upon the father of the informant due to which he succumbed to injuries. As per postmortem report, there are three gunshot injury found on the body of the deceased. Considering the aforementioned facts and nature of the offence committed by the petitioner, I am not inclined to grant bail to the petitioner.

7 Hence, prayer for the regular bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) saurabhkr/- U T