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Patna High CourtCR. MISC./32552/2020rejected

Shiv Nanarayan Yadav v. The State Of Bihar

2021-01-08Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32552 of 2020 Arising Out of PS. Case No.-49 Year-2020 Thana- BIHARIGANJ District- Madhepura ====================================================== SHIV NANARAYAN YADAV, Son of Late Janeshwari Yadav, Resident of Village - Kusthan, P.S. - Bihariganj, Distt. - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Paras Nath, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Three persons including the petitioner fired at the brother of the informant. One of the fire hit causing death. Learned counsel for the petitioner submits that except informant, no other witness claims to be an eyewitness of the occurrence before the police. Informant is also, in fact, not an eyewitness and for land dispute, the petitioner and others have been falsely implicated.

Considering the nature of allegation and criminal antecedent of the petitioner, I am not inclined to enlarge the petitioner on bail for the present in connection with Bihariganj

Patna High Court CR. MISC. No.32552 of 2020(3) dt.08-01-2021 2/2 P.S. Case No. 49 of 2020 pending in the Court of learned Judicial Magistrate, 1st Class, Udakishunganj, Madhepura. Petitioner is in custody since 22.02.2020.

Learned trial Judge is directed to expedite the trial of the case.

(Birendra Kumar, J) Kundan/- U T