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Patna High CourtCR. MISC./2824/2015rejected

Makeshwar @ Makeshwar Yadav @ Mako Yadav v. The State Of Bihar

2015-03-04Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2824 of 2015 Arising Out of PS.Case No. -327 Year- 2004 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Makeshwar @ Makeshwar Yadav @ Mako Yadav Son of Late Chandrika Yadav, Resident of Village - Devachak, Police Station - Mallahpur, District - Jamui.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Bhanu Pratap Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-03-2015 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Lakhisarai (Chanan) P.S. Case No. 327 of 2004 registered for offence under section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

There is a direct allegation against the petitioner to have caused fire arms injury to the victim who died. The counsel for the petitioner submits that post mortem report does not support the prosecution story but there is a specific statement made in the first information report, the victim received 4-5 arms injuries.

In such view of the matter, this Court is not inclined

Patna High Court Cr.Misc. No.2824 of 2015 (4) dt.04-03-2015 2/2 to grant bail to the petitioner. Accordingly, this petition is rejected. The Trial Court is directed to expedite the trial and conclude the same as early as possible within one year.

(Shivaji Pandey, J) Mahesh/- U T