Rajiv Kumar Yadav @ Rajiv Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31717 of 2019 Arising Out of PS. Case No.-91 Year-2018 Thana- BACHHWARA District- Begusarai ====================================================== 1.

RAJIV KUMAR YADAV @ RAJIV ROY Son of Ramnaresh Roy @ Naresh Pd. Yadav @ Ram Naresh Pd. Yadav Resident of Village- Chamtha, Chakki, Ward No. 6, P.S.- Bachhwara, District- Begusarai. 2.

Akhilesh Roy Son of Ramnaresh Roy @ Naresh Pd. Yadav @ Ram Naresh Pd. Yadav Resident of Village- Chamtha, Chakki, Ward No. 6, P.S.- Bachhwara, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-05-2019 Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in Bachhwara P. S. Case No. 91/2018 instituted for the offence under Section(s) 147,148,149, 323, 307 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged in the written report that these petitioners alongwith other accused persons brutally assaulted the husband of the informant with Lathi, Danda etc. on account of which he became unconscious and died.

Learned counsel for petitioners has submitted that instant case has been filed as a counter blast to Bachhwara P.S.

Patna High Court CR. MISC. No.31717 of 2019(2) dt.13-05-2019 2/2 case no. 60 of 2018 registered under Sections 302, 120B/34 of the IC and Section 27 of the Arms Act for the murder of Chamru Rai who happens to be cousin grandfather of the petitioner. In this case deceased Ramayan Rai and his son Uttam Kumar Rai and others have been made accused. Learned counsel submits that wife of Ramayan Rai has filed this case only to save their skin.

The postmortem report has been filed by way of supplementary affidavit which shows that doctor has found total six injuries on the person of the deceased on different parts of the face which are all on vital parts of the body and the deceased died due to aforesaid injuries caused by heavy, hard and blunt object.

Therefore, this Court is not inclined to grant bail to the petitioners at this stage. The prayer for bail of the petitioner stands rejected.

Trial Court is directed to expedite the trial. (Sanjay Priya, J) shyambihari/- U T