Bijendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51438 of 2015 Arising Out of P.S. Case No. 246 Year 2014, Thana-Salkhua, District-Saharsa ====================================================== Bijendra Yadav, Son of Singheshwar Yadav, Resident of villageKhureshan, P.S.-Salkhua, District- Saharsa. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pramod Mishra For the Opposite Party : Mr. Anish Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Salkhua P.S. Case No. 246 of 2014 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 326, 387, 307 and 302 of the Indian Penal Code and Section 27 of the Indian Arms Act.

Allegedly, at the instigation of Singheshwar Yadav, the petitioner shot Sanjay Yadav, which hit on his neck and during treatment Sanjay Yadav succumbed to the injury. Submission is of false implication and that there is case and counter case, due to land dispute the occurrence has taken place. There was no intention to commit murder and at the spur

Patna High Court Cr.Misc. No.51438 of 2015 (2) dt.11-01-2016 2/2 of moment the occurrence has taken place. The other co-accused have been allowed bail and the petitioner is suffering in custody since 15.06.2015.

Learned A.P.P. opposes the prayer for bail and submits that the petitioner is the assailant.

In the facts and circumstances stated above, considering that the petitioner is the assailant, this court is not inclined to enlarge the petitioner on bail and accordingly, such prayer stands rejected.

(Jitendra Mohan Sharma, J) manish/- U T