Patna High CourtCR. MISC./15996/2016rejected

Anil Yadav v. The State Of Bihar

2016-07-05Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15996 of 2016 Arising Out of PS.Case No. -2 Year- 2016 Thana -RAUTARA District- KATIHAR ======================================================

1. Anil Yadav Son of Late Sudin Yadav Resident of Binodpur Colonly, P.S. - Rautara, District - Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Anil Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-07-2016 Heard the learned counsel for the petitioner, the learned A.P.P for the State as also the learned counsel for the Informant.

The petitioner seeks bail in a case for the offences punishable under sections 147, 148, 149, 341, 323, 325, 307, 447, 302 and 504 of the I.P.C Allegedly, the petitioner, co-accused Soni Devi and Mukesh Kumar Yadav being armed with lathi, danda and iron rod started assaulting Sanjay Kumar Yadav, the brother of the informant, brutally and again they assaulted Sanjay Kumar Yadav, Daya Nath Yadav and Putul Yadav brutally and during treatment first Sanjay Kumar Yadav died and thereafter Putul Yadav also died.

Patna High Court Cr.Misc. No.15996 of 2016 (4) dt.05-07-2016 2/2 Submission is of false implication and that there is no specific allegation against the petitioner, the occurrence has taken place due to the land dispute, without any fault the petitioner is suffering in custody since 01.03.2016, to which the learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for bail by submitting that three persons including the petitioner assaulted the two deceased and one injured Daya Nath Yadav brutally.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, I am not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Rautara P.S. Case No. 02 of 2016 pending in the court of Sri M.K.Jha, J.M. 1st Class, Katihar.

However, let the trial be expedited and concluded as early as possible preferably within a period of nine months from the date of receipt/production of a copy of this order. (Jitendra Mohan Sharma, J) Abhay/- U T