Mukesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40339 of 2023 Arising Out of PS. Case No.-596 Year-2022 Thana- GOPALPUR District- Bhagalpur ====================================================== MUKESH YADAV Son of Kokan Yadav Resident of village - Sahora, P.S. - Rangra, Distt. - Bhagalpur ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 42758 of 2023 Arising Out of PS. Case No.-596 Year-2022 Thana- GOPALPUR District- Bhagalpur ====================================================== HIRALAL YADAV Son of Kokan Yadav Resident of village - Sahora, P.S. - Rangra, Distt. - Bhagalpur ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 40339 of 2023) For the Petitioner/s :
Mr.Rohit Kumar Sharma For the Opposite Party/s :
Mr.Asha Devi (In CRIMINAL MISCELLANEOUS No. 42758 of 2023) For the Petitioner/s :
Mr.Rohit Kumar Sharma For the Opposite Party/s :
Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 Heard learned counsel for the petitioners and learned APP for the State.
The instant application for regular bail has been filed by the petitioners instituted for the offence punishable under Sections 147, 148, 149, 323, 302, 504 of the IPC and Section 27 of the Arms Act.
Patna High Court CR. MISC. No.40339 of 2023(3) dt.28-08-2023 2/3 It is a case of commission of murder of the informant's brother, namely, Raju Kumar. On the order of petitioner of Hiralal Yadav, petitioner Mukesh Yadav fired upon his brother which hit on his back. It is further alleged that again Hiralal Yadav fired which hit his chest as a result of which he fell down and doctor declared him brought dead.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has no any motive to kill the brother of the informant. Deceased died due to accidental fire. Both the petitioners are languishing in judicial custody since 24.11.2022.
Learned APP appearing for the State has opposed the prayer of bail and submitted that deceased died due to bullet injury. Medical report is in consonance with the prosecution story. During investigation, several witnesses have supported the prosecution story.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioners and, as such,
Patna High Court CR. MISC. No.40339 of 2023(3) dt.28-08-2023 3/3 their application for bail is rejected.
The trial court is directed to expedite and conclude the trial. (Sunil Kumar Panwar, J) sushma/- U