Patna High CourtCR. MISC./32284/2023dismissed

Ajay Yadav v. The State Of Bihar

2023-06-28Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32284 of 2023 Arising Out of PS. Case No.-298 Year-2019 Thana- GOGRI District- Khagaria ====================================================== AJAY YADAV SON OF LATE CHHOTELAL YADAV Resident of VillageGoraiyabathan, P.S. Gori, District- Khagaria, (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishweshwar Ram, Advocate For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-06-2023 Heard the parties.

The petitioner is in custody since 12.7.2022 in connection with Gogari P.S. Case No. 298 of 2019 for the offence punishable under Sections 307, 429/34 of the I.P.C. and section 27 of the Arms Act lodged on 5.9.2019 by the informant Urmila Devi.

The prosecution story, in brief, is that while the informant was feeding his cattle, some accused persons surrounded him and Ajay Yadav (the petitioner herein) fired on the son of the informant which hit his left thigh. Further, coaccused ArunYadav also fired which hit a cow resulting into his death on the spot while, co-accused Bikram Yadav also opened fire which hit Saurav Yadav.

As per the FIR, the accused persons surrounded the

Patna High Court CR. MISC. No.32284 of 2023(2) dt.28-06-2023 2/2 son of the informant and allegation against this petitioner is of opening fire causing injury on his left thigh. Further, co-accused Arun Yadav has also opened fire causing death of a cow while Bikram Yadav opened fire which hit Saurabh Yadav. Accordingly, the FIR.

Learned APP opposes the prayer stating that in the alleged firing, a cow was died.

Considering the allegation of opening fire causing injury on the thigh as also on perusal of the paragraph-3 which reflects that he is an accused of almost same nature in altogether 13 cases, this Court is not inclined to extend him the privilege of bail which is accordingly rejected.

(Rajiv Roy, J) Ravi/- U T