Kallu Yadav @ Lal Babu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47381 of 2016 Arising Out of PS.Case No. -344 Year- 2015 Thana -TEKARI District- GAYA ====================================================== Kallu Yadav @ Lal Babu Yadav, son of Raghunandan Yadav, Resident of Village- Bali, Police Station - Tekari, District- Gaya .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar, Advocate For the Opposite Party/s : Mr. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 16-11-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner's application for bail was earlier rejected by this Court vide order dated 01.02.2016 passed in Cr. Misc. No. 53447 of 2015. He has renewed his application for bail by filing the present application under Section 439 of the Code of Criminal Procedure.

Learned counsel for the petitioner has tried to draw the attention of the Court towards certain aspects which, according to him, were not considered while passing the earlier order. He has submitted that since his case was taken up along with co-accused Munna Yadav, who is the main accused in the present case, the petitioner's case was not appreciated properly. He has also contended that the petitioner is a meritorious student and obtained

Patna High Court Cr.Misc. No.47381 of 2016 (2) dt.16-11-2016 2 / 2 1st division in B.Sc. examination.

Learned counsel for the State has opposed the application for grant of bail to the petitioner. He has submitted that it is a case of multiple murder. The entire matter was considered on the earlier occasion while considering the bail application of the petitioner on merit.

I have heard respective counsel for the parties and perused the record.

It would be evident that two of the sons of the informant were killed in brutal manner in the offence alleged. The petitioner is one of the named accused in the FIR and in course of investigation cogent materials were collected against him pursuant to which he has been sent up for trial.

Regard being had to the gravity of the offence and the brutal manner in which it was executed, I see no reason to take a different view of the matter. Accordingly, the application for bail is rejected.

The trial court is directed to proceed with the trial expeditiously.

(Ashwani Kumar Singh, J.) Sanjeet/- U T