Kuldeep Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28614 of 2022 Arising Out of PS. Case No.-53 Year-2021 Thana- HISUWA District- Nawada ====================================================== KULDEEP YADAV Son of Late Sukhlal Yadav Resident of Village - Dhanwa, P.s.- Hisua, Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hansraj, Advocate Mr. Mrigendra Kumar, Advocate For the State :

Mr. Sanjay Kumar Pandey, Advocate For the Informant :

Mr. Rajesh Ranjan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-01-2023 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307, 323, 324, 337, 338, 341, 354, 379, 504, 506 and 34 of the Indian Penal Code to which section 302 of the Indian Penal Code was added subsequently.

As per the prosecution case, four named accused persons including the petitioner herein are said to have come variously armed. The petitioner is said to have given a khanti blow on the head of the husband of the informant leading to his death. The other accused persons variously armed assaulted other members of the informant's family, as described in detail in the F.I.R.

Patna High Court CR. MISC. No.28614 of 2022(3) dt.16-01-2023 2/2 It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. Both the parties are gotias and the manner of occurrence is other than what has been narrated in the F.I.R. There are several cases both civil and criminal pending between the parties. The petitioner is in custody since 17.4.2021 and charge has been framed. The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. Learned counsel for the informant submits that there is direct allegation against this petitioner.

Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R where the petitioner is said to be the assailant of the deceased husband of the informant namely Kuleshwar Yadav and the allegation being supported from the contents of the postmortem report, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Learned trial court is directed to expedite the trial. (Partha Sarthy, J) avinash/- U T