Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5438 of 2017 Arising Out of PS.Case No. -77 Year- 2016 Thana -CHAND District- BHABHUA (KAIMUR) ======================================================

1. Prakash Yadav Son of Jai Ram Yadav, Resident of Village- Duguthua P.S. Chand, District Kaimur at Bhabua.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Chand P.S.Case No. 77 of 2016 registered for offences punishable under Sections 341, 323, 324, 307, 504/34 and later on under Section 302 of the Indian Penal Code was added.

The allegation against the petitioner is of assaulting the informant and his brother, Sohan Yadav with iron pipe on their head, by which the brother of the informant, Sohan Yadav sustained injuries and died at B.H.U., Varanasi. It has been submitted by the learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in this case.

Patna High Court Cr.Misc. No.5438 of 2017 (4) dt.04-04-2017 2/2 However, learned A.P.P. for the State opposed the prayer of bail of the petitioner with submission that this is case of murder and there is a direct allegation against the petitioner. Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer for bail of the petitioner. Accordingly, this application is rejected. (Arvind Srivastava, J) Sudha/- U T