Patna High CourtCR. MISC./41487/2023bail rejected

Vinod Kumar @ Vinod Yadav v. The State Of Bihar

2023-07-24Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41487 of 2023 Arising Out of PS. Case No.-215 Year-2022 Thana- BALIYA District- Begusarai ====================================================== VINOD KUMAR @ VINOD YADAV S/O ARUN YADAV R/O VillageHusainchak, P.S- Ballia, Distt.- Beugsarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Randhir Kumar No.1, Advocate For the Opposite Party/s :

Mr.Ram Naresh Ray, APP For the Informant/s :

Mr. Shashank Shekhar, Advocate Mr. Ritesh Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Ballia P.S Case No. 215 of 2022 dated 11.08.2022 registered for the offences punishable under Sections 302, 120B and 506 read with 34 of the Indian Penal Code and Section 25(1-B)a, 27 and 35 of the Arms Act.

4. As per the prosecution case, on the order of the coaccused Arun Yadav, the petitioner fired on the chest of the informant's son, due to which he died on the spot.

Patna High Court CR. MISC. No.41487 of 2023(2) dt.24-07-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.12.2022

6. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the bail petition of the petitioner by submitting that there is specific allegation of firing against the petitioner which resulted in the death of the informant's son on the spot.

7. Considering the aforesaid facts and circumstances as well as the specific and heinous allegation against the petitioner, I am not inclined to enlarge this petitioner abovenamed on bail.

8. Learned Trial Court is directed to expedite the trial and conclude the same at the earliest.

9. The bail petition stands rejected.

(Chandra Prakash Singh, J) atul/- U T