Patna High CourtCR. MISC./44316/2024rejected

Tunna Yadav @ Tuntun Yadav @ Kumar Deshbandhu @ Kumar Deshratna v. The State Of Bihar

2024-08-23Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44316 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- ISMAILPUR District- Bhagalpur ====================================================== Tunna Yadav @ Tuntun Yadav @ Kumar Deshbandhu @ Kumar Deshratna Son of Upendra Yadav R/O Vill.- Fulkiya, P.S.- Ismailpur, Dist.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Singh, Advocate For the State :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-08-2024 Heard Mr. Dhirendra Singh, learned counsel for the petitioner and Mr. Bhanu Pratap Singh, learned A.P.P. appearing on behalf of the State.

2. The petitioner seeks bail, who is in custody since 20.02.2024 in connection with Ismailpur P.S. Case No. 06 of 2024, FIR dated 26.01.2024 registered for the offence under Sections 147, 148, 149, 341, 342, 307, 302, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, petitioner has fired upon the husband of the informant due to which he died.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to previous enmity between the parties. He further submits that the allegation as alleged in the

Patna High Court CR. MISC. No.44316 of 2024(3) dt.23-08-2024 2/2 FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR.

5. Learned A.P.P. for the State, on the other hand, on the basis of the material available on the record as well as the case diary, opposed the prayer for bail of the petitioner and submits that from a bare perusal of the FIR it appears that there is direct and specific allegation against the petitioner that he has fired upon the victim and apart from that the medical evidence also supported the allegation as alleged in the FIR.

6. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Ismailpur P.S. Case No. 06 of 2024 pending in the Court of learned Judicial Magistrate, 1st Class, Naugachia.

7. Prayer is refused.

(Rajesh Kumar Verma, J) ajay/- U T