Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32652 of 2020 Arising Out of PS. Case No.-383 Year-2020 Thana- BANKA District- Banka ====================================================== CHANDAN YADAV S/o- Puran Yadav Resident of Village- Simrakola, P.S. and District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mritunjay Prasad Singh, Adv.

For the Opposite Party/s :

Mr.Uday Chandra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 394/302 of the Indian Penal Code.

Prosecution case is that on 20.05.2020 informant along with his son Chhotu Kumar had gone to Bajrangi Hat to sale fish and at 5PM they were returning home. At 6PM, they reached near Simrakola Pahar and saw three unknown persons with arms out of fear the informant and his associates stopped there cycle. One man came and asked to give money. Son of the informant gave Rs. 12,000/-. Second miscreants went near of Sajan Kumar in the meantime, one person fired on the hand of

Patna High Court CR. MISC. No.32652 of 2020(3) dt.19-01-2021 2/3 the informant. Another person demanded money from Sajan Kumar and fired upon him. Sajan Kumar became injured. On hearing sound of firing people came there. thereafter, accused fled away. Both injured was referred to J.L.N.M.C.H., Bhagalpur where Sajan Kumar declared dead.

It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that petitioner is not named in the FIR and there is no recovery from the possession of the petitioner. He submits that on the confessional statement of co-accused Narottam Choudhary, he has been made accused in this case. He further submits that petitioner is languishing in judicial custody since 03.06.2020.

However, learned APP for the State vehemently opposes the prayer for bail and submits that in para-9 and 10 witnesses have supported the prosecution story. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his payer for bail is rejected at present in connection with Banka P.S. Case No. 383 of 2020 pending before the court of the learned C.J.M., Banka.

Accordingly, the application is dismissed. However,

Patna High Court CR. MISC. No.32652 of 2020(3) dt.19-01-2021 3/3 the learned court below is directed to conclude the trial within one year.

(Anjani Kumar Sharan, J) devendra/- U T