Patna High CourtCR. MISC./41579/2024bail rejected

Suman Yadav @ Suman Kumar Yadav v. The State Of Bihar

2024-07-20Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41579 of 2024 Arising Out of PS. Case No.-625 Year-2022 Thana- GOPALPUR District- Bhagalpur ====================================================== Suman Yadav @ Suman Kumar Yadav SON OF LATE TUNO YADAV @ TUNNA YADAV Village -Bhawanipur PS -Rangra District -Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Atul Kumar, Adv.

For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Gopalpur (Rangra) P.S. Case No.625 of 2022 lodged under Sections 302/34 of the I.P.C. read with Section 27 of the Arms Act.

3. As per the prosecution case, the F.I.R. has been lodged against four named accused persons including the petitioner against whom there is allegation that they in connivance with each other killed the informant's brother.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that from bare perusal of the F.I.R., it become crystal clear that no act or overt act has been done by the petitioner in this case

Patna High Court CR. MISC. No.41579 of 2024(2) dt.20-07-2024 2/2 rather he is merely order giver.

5. Counsel for the petitioner submits that petitioner is in custody since 17.01.2023 having one criminal antecedent in which he is persuading for bail.

6. Learned counsel for the State opposes the prayer for bail and submits that it is true that the petitioner is order giver in the present case and it is also true that the criminal antecedent which is against the petitioner is accused of section 302 of the I.P.C. itself.

7. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.

(Dr. Anshuman, J.) Prakashmani/- U T