Patna High CourtCR. MISC./27087/2019dismissed

Awadh Yadav @ Awad Yadav v. The State Of Bihar

2019-05-17Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27087 of 2019 Arising Out of PS. Case No.-80 Year-2015 Thana- MANSI District- Khagaria ====================================================== Awadh Yadav @ Awad Yadav Son of Radhe Yadav, Resident of VillageThatha, P.S.- Mansi, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Choudhary, Adv.

Mr.Manoj Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-05-2019 Heard the learned counsel for the petitioner and the learned APP appearing on behalf of the State. The present case is a second attempt on behalf of the petitioner for grant of regular bail in connection with Mansi P.S. Case No. 80 of 2015, registered for the offences punishable under Sections 307, 302, 120(B)/34 of the Indian Penal Code and Section 27 of Arms Act.

The allegation is regarding the accused persons including the petitioner herein having fired gun shots, resulting in death of the husband of the informant.

The only argument, advanced by the learned counsel for the petitioner, is that co-accused, namely, Banti Yadav has been granted bail, hence, the petitioner should also be released

Patna High Court CR. MISC. No.27087 of 2019(2) dt.17-05-2019 2/2 on bail.

This Court while rejecting the prayer for bail of the petitioner herein vide order dated 02.07.2018 passed in Cr. Misc. No. 20144 of 2018 had noticed that the petitioner is one of the accused who had fired gun shots on the deceased, resulting in his death and further had also taken into account the fact that as many as nine criminal cases were pending against the petitioner and heinous crime has been alleged to have been committed by the petitioner herein, as such the petitioner is having a bad criminal antecedent.

Having considered the gravity of the offence alleged to have been committed by the petitioner herein as also the fact that there is no change in the circumstances, this Court does not find any occasion to entertain the present petition, hence, the same is dismissed.

(Mohit Kumar Shah, J) Tiwary/- U T