Manish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4215 of 2016 Arising Out of PS.Case No. -76 Year- 2012 Thana -GOGRI District- KHAGARIA ======================================================

1. Manish Yadav son of Bisundeo Yadav Resident of Village-Shiswa, Police Station - Gogri , District Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tarun Prasad Mandal For the Opposite Party/s : Mr. Rajendra Singh Shastrijee (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-02-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Although there is general allegation of firing against the petitioner and other co-accused but in course of investigation, it was found that it was petitioner who shot fire from the back of the deceased.

The contention on behalf of the petitioner is that coaccused Sanjay Yadav and Laltu Yadav having more or less similar allegation have been acquitted of the charges and, therefore, petitioner deserves to be released on bail but I am not at all convinced with the aforesaid submission.

Accordingly, taking note of the material came in course of investigation as well as this aspect of the matter that the alleged

Patna High Court Cr.Misc. No.4215 of 2016 (2) dt.09-02-2016 2/2 occurrence took place in the year 2012 whereas petitioner could be remanded after three years of the alleged occurrence, the prayer for bail of the petitioner in connection with Session trial no. 301A of 2013, arising out of Gogri P.S.Case No. 76 of 2012, pending in the court of 2nd Additional Sessions Judge, Khagaria stands rejected, at least, at this stage.

(Hemant Kumar Srivastava, J) N.K/- U T