Kaushal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19424 of 2017 Arising Out of PS.Case No. -232 Year- 2014 Thana -BARH District- PATNA ======================================================

1. Kaushal Yadav Son of Sri Baudhu Yadav @ Baudhu Gope, Resident of Village- Purai Bagh, P.S.- Barh, District- Patna .... Petitioner

Versus

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

For the Petitioner : Mr. Sidhendra Narayan Singh, Adv. For the Opposite Party : Mr. Shyam Bihari Singh, APP 173 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-06-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offence under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

According to eye witness, Anil Kumar vide paragraph 9 of the case diary, the petitioner and coaccused, Rago Yadav, fired at the deceased, Sharavan Kumar, which resulted in his death. The doctor has found two fire arm wounds of entry on the person of the deceased. The petitioner has got similar type of criminal antecedent. He is in custody since 11.08.2016. Submission of the learned counsel for the petitioner is that if Anil Kumar was an eye witness of the occurrence and he informed the occurrence to the informant prior to lodging of the case, the first information report should have clearly disclosed the name

Patna High Court Cr.Misc. No.19424 of 2017 (3) dt.20-06-2017 2/2 of the real assailant, which is not there.

Considering the fact that eye witness can not be disbelieved, at this stage, I am not inclined to enlarge the petitioner on bail.

The prayer for bail is refused.

The learned trial Court is directed to expedite the trial.

(Birendra Kumar, J) SA/- U √ T √