Bhupen Yadav @ Bhupendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17270 of 2018 Arising Out of PS.Case No. -86 Year- 2016 Thana -FULKAHA District- ARRARIA ====================================================== Bhupen Yadav @ Bhupendra Yadav S/o Bhola Yadav Resident of VillageAchara P.S. Fulkaha District-Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh, Advocate For the Opposite Party/s : Mr. Sri Sakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 27-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 147,148,149,302,120(B) of the Indian Penal Code and 27 of the Arms Act in connection with Fulkaha P.S. Case No. 86 of 2016 pending in the Court of Judicial Magistrate 1st Class I/C Araria. It is submitted by the petitioner's counsel that falsity of the allegation is evident from the fact that though the FIR alleges the incident occurred at 5.30 P.M and postmortem conducted within six hours but the postmortem reports suggests that the death occurred within 24 hours.

This Court finds that there is specific allegation of causing firearm injury by the petitioner along with four other co-accuseds.

Patna High Court Cr.Misc. No.17270 of 2018 (3) dt.27-04-2018 2/2 The post mortem report also corroborates the death within 24 hours of the injury which clearly covers the alleged occurrence at 5.30 P.M.

Considering the nature of allegations, this Court is not inclined to allow the petitioner's prayer for bail. The prayer is therefore, rejected.

(Madhuresh Prasad, J) Prakash/- U