Anuj Yadav @ Ramanuj Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40981 of 2022 Arising Out of PS. Case No.-6 Year-2022 Thana- TANKUPPA District- Gaya ====================================================== ANUJ YADAV @ RAMANUJ PRASAD YADAV Son of Late Rupan Yadav Resident of Village - Thekhi, P.S.- Fatehpur, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-01-2023 Hear learned counsel for the petitioner, learned counsel for the informant and learned APP for the state. The petitioner has prayed for bail in connection with Tankuppa P.S. Case No. 6 of 2022 instituted for the offence under Sections 302, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case relates to commission of murder of informant's younger brother and also caused firearm injury to one Vijay Yadav thereafter the case has been lodged against unknown miscreants.

Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. Neither the petitioner is named in FIR nor he was arrested on spot. He has falsely been implicated in this present case on the basis of

Patna High Court CR. MISC. No.40981 of 2022(3) dt.18-01-2023 2/3 suspicion. It is further submitted that the petitioner is languishing in judicial custody since 23.3.2022. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and submitted that the petitioner has got five criminal antecedents. It is further submitted that during course of investigation, the name of petitioner and other co-accused has surfaced in this case on the basis of statement of witnesses and survived injured Vijay Yadav who also sustained firearm injury and was treated in hospital.

In his fardbeyan, he stated before the police that the petitioner along with five other accused and unknown persons were armed with fire arms and when he along with deceased was going by a motorcycle, they fired at deceased Birendra Yadav and shot him dead and this injured person has taken specifically name of this petitioner who fire at him. From perusal of discharge slip in respect of injured Vijay Yadav, it is found firearm injury abdomen with perforation peritonitis with mesenteic vascular injury with short bowel syndrome. The witnesses also supported the prosecution case.

Patna High Court CR. MISC. No.40981 of 2022(3) dt.18-01-2023 3/3 stands rejected.

The trial court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) amandeep/- U