Patna High CourtCR. MISC./37595/2018rejected

Vijay Yadav v. The State Of Bihar

2018-09-10Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37595 of 2018 Arising Out of PS. Case No.-207 Year-2017 Thana- HASANPUR District- Samastipur ====================================================== Vijay Yadav S/o Ramashray Yadav Resident of Village - Pipara, P.S. - Hasanpur, District - Samastipur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Vasudeo Ram For the Opposite Party/s :

Mr. Sri Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The Petitioner seeks bail in Hasanpur P.S. Case No. 207 of 2017 registered for the offence punishable under Sections 302/120B of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner is of killing the brother of the informant by causing gun shot injury. It has been submitted on behalf of the petitioner that the petitioner has been falsely implicated in this case due to political rivalry as the mother of the petitioner is present Upmukhiya of Gram Panchayat Ahilwar whereas the Daughterin-Law of the deceased is Mukhiya of same panchayat. Chargesheet has been submitted. Petitioner is in custody since

Patna High Court Cr.Misc. No.37595 of 2018(4) dt.10-09-2018 2/2 23.12.2017. Petitioner has no criminal antecedent. Considering the fact that there is direct allegation of firing against the petitioner, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is hereby rejected.

However, trial court is directed to expedite the trial of the petitioner and conclude the same within a period of one year from the date of receipt/production of a copy of this order. If the trial of the petitioner is not concluded within a period of one year then petitioner would be at liberty to renew his prayer for bail.

(S. Kumar, J) ranjan/- U