Kishun Yadav @ Kishun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44749 of 2023 Arising Out of PS. Case No.-9 Year-2023 Thana- RAJNAGAR District- Madhubani ====================================================== KISHUN YADAV @ KISHUN KUMAR Son of Sahdeo Yadav Resident of Village - Ranti Mohanpur, P.S.- Rajnagar, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-09-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 302 and 120(B) of the IPC and 27 of Arms Act.

3. As per the prosecution case, on January 18, 2023, at about 08:00 am, Prakash Kumar Yadav, Badal Yadav, and Ganesh Yadav came to the informant's house on an Apache motorcycle bearing Reg. No. BR-07AK-9835 and told his son Deepak Kumar to accompany them to Rampatti. They took his son to the house of Santosh Ram, and due to some previous enmity, six miscreants surrounded his son and started to fire indiscriminately, due to which his son was seriously injured. He was taken to Sadar Hospital, Madhubani, and later his son was

Patna High Court CR. MISC. No.44749 of 2023(3) dt.25-09-2023 2/2 declared dead.

4. It is submitted that petitioner is not named in the FIR. The name of petitioner transpired name transpired during course of investigation on the confessional statement of Rohit Yadav which has got no evidentiary value . Informant is not an eye witness of the alleged occurrence .

5 . However, learned counsel for the State opposes the prayer for bail and submits that during course of investigation, number of witnesses have supported the prosecution case and have stated that this petitioner was seen at the place of occurrence with weapons. As per Post Mortem report, the deceased sustained multiple gunshot injury due to which he died. Petitioner has got two criminal antecedents of similar nature .

6. Considering the facts and circumstances of the case and also the fact that petitioner has got two criminal antecedents of similar nature and gravity of allegation, prayer for pre-arrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Kaushik/- U T