Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16788 of 2016 Arising Out of PS.Case No. -11 Year- 2016 Thana -ARIYARI District- SEKHPURA ======================================================

1. Rajesh Yadav Son of Late Sukhdev Yadav, Resident of Hussainabad, P.S. - Ariayari, District - Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinkar Kumar For the Opposite Party/s : Mr. P.K. Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-07-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under section 302/34 of the I.P.C Allegedly, the petitioner and other three FIR named accused persons started assaulting Ishwar Yadav, the husband of the informant, with lathi, danda causing his death and further they assaulted others also. During investigation some of the witnesses have stated that the petitioner and Ramesh Yadav assaulted the deceased with lathi causing his death, vide paragraphs- 21, 22 and 23 of the case diary.

Submission is of false implication and that there is no specific allegation against the petitioner, admittedly the

Patna High Court Cr.Misc. No.16788 of 2016 (5) dt.11-07-2016 2/2 occurrence has taken place for some petty dispute, there was no motive to commit murder, the occurrence has taken place at the spur of moment and the petitioner is suffering in custody since 27.01.2016 and as such he deserves sympathetic consideration as he has got no criminal antecedent.

The learned A.P.P. opposes prayer for bail.

In the facts and circumstances as stated above, considering that during investigation it has come that the petitioner and co-accused Ramesh Yadav assaulted the deceased brutally causing his death and as such, at present, I am not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Ariyari P.S. Case No. 11 of 2016 pending in the court of S.D.J.M. Sheikhpura. 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