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Patna High CourtCR. MISC./25023/2015disposed

Ashish Yadav v. The State Of Bihar

2015-06-30Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25023 of 2015 Arising Out of PS.Case No. -3 Year- 2015 Thana -BIHARIGANJ District- MADHEPURA ====================================================== Ashish Yadav son of Siyaram Yadav resident of village - Fatehpur, p.s. - Biharigunj, Distt - Madhepura.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Mr. Parmanand Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-06-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case is that the informant on hearing the sound of gunshot, came out and saw in the moon light Nanka Yadav, Pinku Yadav and the petitioner fleeing away when Nanka Yadav was armed with pistol, thereafter the informant went near her father and found him dead with blood injury on the head. It is submitted by learned counsel for the petitioner that only on suspicion, the accusation has been levelled whereas only Nanku Yadav was found fleeing away from the place of occurrence armed with the pistol.

Patna High Court Cr.Misc. No.25023 of 2015 (2) dt.30-06-2015 2/2 It is submitted by learned counsel for the informant that chargesheet has already been submitted under Section 302/34 of the IPC against the petitioner also.

Considering the nature of accusation, let the learned court below consider the prayer for regular bail of the petitioner if he surrenders within a period of six weeks in connection with Biharigunj P.S. Case No. 03 of 2015 pending in the court of learned CJM, Madhepura.

Accordingly, the application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- U T