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Patna High CourtCR. MISC./31412/2024dismissed

Kedar Yadav @ Mukesh Yadav v. The State Of Bihar

2024-09-10Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31412 of 2024 Arising Out of PS. Case No.-287 Year-2014 Thana- SULTANGANJ District- Bhagalpur ====================================================== Kedar Yadav @ Mukesh Yadav S/o Ashok Yadav R/o Katahara, P.S. - Sultanganj, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-09-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Sultanganj P.S. Case No. 287 of 2014, registered for the offences punishable under Sections 447, 341, 323, 307, 506, 34 of the IPC. Subsequently section 302 was added and under section 27 of the Arms Act.

3. Amongst interalia, it has specifically been mentioned in the FIR that the petitioner fired which hit at the head of the deceased. The deceased was treated in Mayaganj Hospital, Bhagalpur and in course of treatment, he died.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.31412 of 2024(5) dt.10-09-2024 2/2 case. There was previous enmity between the parties, relating to land dispute. He has submitted further that the deceased was a person of criminal nature and someone might have murdered him and this petitioner has falsely been implicated due to previous enmity.

5. On the other hand, the learned APP for the State has opposed the prayer for bail.

6. There is allegation against this petitioner to open fire which hit at the head of the deceased. As per post-mortem report, bullet was recovered from the head of deceased.

7. Considering the above-mentioned facts and circumstances, the petitioner does not deserve the privilege for bail, which is hereby rejected (Nawneet Kumar Pandey, J) kundan/- U T