Rajesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13603 of 2016 Arising Out of PS.Case No. -205 Year- 2013 Thana -ALOULI District- KHAGARIA ====================================================== Rajesh Yadav son of Nago Yadav, resident of village- Alauli, P.S.- Alauli, District- Khagaria .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Jha, Adv. For the Opposite Party/s : Mr. Pradeep Narain Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-08-2016 Heard both sides.
The petitioner seeks bail in Alauli P.S. Case No. 205/2013 registered for the offences punishable under Sections 302 and other Sections of the Indian Penal Code and 27 of the Arms Act.
The deceased himself is the informant in the present case. It is alleged that the petitioner along with other co-accused came and asked as to why he deposed in the case, on such the petitioner fired which hit the informant causing his death during course of treatment.
Learned counsel for the petitioner submits that vide order dated 09.02.2015 passed in Cr. Misc. No. 41543 of 2014 with a direction to expedite the trial within one year. If the trial is
Patna High Court Cr.Misc. No.13603 of 2016 (2) dt.24-08-2016 2/2 not concluded within stipulated time, the petitioner may renew his prayer for bail before the trial court.
It is submitted that seven witnesses have already been examined. Very specific allegation is made against the petitioner that on account of his firing the deceased died. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J.) Rakhi U T