Yogendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36749 of 2021 Arising Out of PS. Case No.-123 Year-2017 Thana- MANER District- Patna ====================================================== YOGENDRA RAI Son of Late Banarsi Rai Resident of Village- Haldi Chapra Saat Anna, P.S.- Maner, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoranjan Kumar, Adv For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-03-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Maner P.S.Case No.123 of 2017 registered for the offence under Sections 302 and 34 of IPC.

In the background of dispute on account of plucking of maize pit of informant for which he scolded, on the alleged date and time of occurrence accused so named therein armed variously came out of whom, Santosh Kumar and Lal Saheb Rai caught hold Mitendu Kumar, son of informant and Yogendra Rai inflicted repeated chura blow. As a result of which he died. When informant tried to intervene, they caught hold him. At that very time, Rajendra Rai had provoked others to assault as well as to set ablaze the hut (cow shed).

Patna High Court CR. MISC. No.36749 of 2021(4) dt.09-03-2022 2/2 Learned counsel for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. He further submits that in fact the informant is not an eye witness of the occurrence. He further submits that as per allegation as alleged in the FIR that the petitioner assaulted the son of the informant and he died. Learned counsel for the informant and learned A.P.P. for the State have vehemently opposed the prayer for bail of the petitioner on the ground that the direct allegation of assault is there against the petitioner and the postmortem report also corroborated the allegation.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Maner P.S.Case No.123 of 2017 pending in the court of learned J.M. 1st Class, Danapur, Patna.

Prayer is refused.

However, the learned Trial Court is directed to expedite the trial.

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