Shambhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31432 of 2019 Arising Out of PS. Case No.-342 Year-2018 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== SHAMBHU YADAV Son of Panchu Yadav Resident of Village - Maurkahi, P.S.- Muffasil, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar Singh For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 09-07-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Sahebpur Kamal P.S. Case No. 342 of 2018 registered under sections 302/34 of the I.P.C. and section 27 of the Arms Act pending in the Court of A.C.J.M.-V, Begusarai. Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case. Further submission is that petitioner is not named in the first information report. He is in custody since 18.01.2019.

Learned A.P.P. appearing on behalf of the State vehemently opposed the prayer of the petitioner by contending

Patna High Court CR. MISC. No.31432 of 2019(3) dt.09-07-2019 2/2 that in paragraph nos. 7 and 8 of the case diary, there is direct allegation of firing against the petitioner. Further he submits that petitioner has got criminal antecedent.

Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, this application is rejected.

However, liberty is given to the petitioner to renew his prayer for bail after framing of charge.

(Arvind Srivastava, J) shailendra/- U T