Kedar Kumar @ Kedar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29356 of 2020 Arising Out of PS. Case No.-119 Year-2019 Thana- CHANAN District- Lakhisarai ====================================================== Kedar Kumar @ Kedar Yadav aged about 33 years S/O Sri Masudan Yadav Resident of Village-Mhauiya, P.S-Chanan, District-Lakhisarai. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Bhola Kumar, Advocate For the Opposite Party :
Mr. Ganesh Pd.Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-02-2021 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in registered for the offences punishable under Sections 302/34 of the Indian Penal Code, section 27 of the Arms Act and sections 17, 18, 20 & 23 of the Unlawful Activities (Prevention) Act, 1967. As per the prosecution case, when the informant, his brother and other co-villagers were taking tea at the tea shop, all of a sudden co-accused Rana Kumar Singh and six unknown miscreants, variously armed, came there on two motorcycles. Co-accused Rana Kumar Singh opened fire on his brother who died on the spot, while other co-accused persons also opened fire as a result of which his driver Chotu Sao also died on the spot.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.29356 of 2020(4) dt.08-02-2021 2/2 petitioner is not named in the FIR and his name has come in the case only on the basis of confessional statement of co-accused Rana Kumar Singh. Petitioner is a teacher in Government school.
Learned counsel for the State opposes the prayer for bail submitting that in the said incident two persons have been killed. As per paragraph 3 of the bail petition, the petitioner has also criminal antecedent.
Considering the nature of allegation and the criminal antecedent of the petitioner, his prayer for bail is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice. (Prabhat Kumar Singh, J) Shashi U T