Narendra Prasad @ Narendra Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28268 of 2019 Arising Out of PS. Case No.-157 Year-2017 Thana- NIMCHAKBATHANI District- Gaya ====================================================== NARENDRA PRASAD @ NARENDRA PRASAD YADAV Son of Late Dev Nandan Yadav, Resident of Village-Telari, Tola-Dullibigha, P.S-Neemchak Bathani, District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jagjit Roshan For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Neemchak Bathani P.S. Case No. 157 of 2017 instituted for the offences under Sections 302, 34 of the Indian Penal Code and 27 of the Arms Act. The prosecution case in short is that the accused persons caused death of the wife of the informant by fire arms. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.12.2017. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The informant is not an eye witness to the alleged occurrence. Due to property dispute, the petitioner has falsely falsely been

Patna High Court CR. MISC. No.28268 of 2019(5) dt.27-09-2019 2/2 implicated in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The allegation is that he had fired upon the deceased. The children of the deceased are eye witness to the occurrence. Their statements are recorded in paragraphs 19 and 20 of the case diary.

Considering the fact that the petitioner is the assailant, I am not inclined to grant bail to the petitioner. The same is rejected. The Trial Court is directed to conclude the trial at the earliest preferably within nine months from the date of receipt/production of a copy of this order. . (Sudhir Singh, J) Pankaj/- U T