Patna High CourtCR. MISC./47314/2016rejected

Pandav Yadav v. The State Of Bihar

2017-01-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47314 of 2016 Arising Out of PS.Case No. -234 Year- 2015 Thana -MANSI District- KHAGARIA ====================================================== Pandav Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Dr. Indiwar Kumari For informant : Mr. Ranjeet Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-01-2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor.

The application is for grant of bail in connection with Mansi PS case no. 234 of 2015 for the offence under Sections 302/34 of the Indian Penal Code and 27 of Arms Act. It is submitted on behalf of petitioner that though there is allegation of firing against four accused persons due to which deceased died but after investigation, charge sheet has only been submitted against this petitioner only and lateron, final form has been submitted finding no case true against other three accused persons. As such, there is allegation against four persons and three persons are let out by the police. It is further submitted that in all other cases, he has been acquitted. As such, the petitioner also deserves bail.

Patna High Court Cr.Misc. No.47314 of 2016 (3) dt.18-01-2017 2/2 Heard learned A.P.P. and learned counsel for informant also. They have opposed the prayer for bail and submitted that there is direct allegation of firing against the petitioner which has also been corroborated by the post mortem report. It is further submitted that offences alleged against the petitioner is serious is nature.

Having heard both sides. It appears that there is direct allegation against the petitioner and petitioner has criminal antecedent. As such, I am not inclined to grant bail to the petitioner. Accordingly, his prayer for bail is rejected at this stage. Lower court is directed to expedite the trial and conclude the same as soon as possible.

With these observations, this bail application is dismissed.

(Vinod Kumar Sinha, J.) rinkee/- U T