Ajay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56915 of 2017 Arising Out of PS.Case No. -76 Year- 2016 Thana -FATEHPUR District- GAYA ====================================================== Ajay Yadav, Son of Munshi Yadav @ Munshi Prasad Yadav, Resident of village- Kodiya, P.S.- Fatehpur, District- Gaya. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 16-01-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Fatehpur P.S. Case No.76 of 2016, registered under Sections 302/34 of the Indian Penal Code as well as under Section 27 of the Arms Act.

The allegation in brief is that including the petitioner others shot at the deceased and four fire arms injuries were found as ante-mortem injuries.

Learned counsel for the petitioner submits that the police has not sent up three accused named in the FIR. However, charge-sheet has been submitted against the petitioner though his case stands on similar footing and the informant is not an eyewitness.

Patna High Court Cr.Misc. No.56915 of 2017 (3) dt.16-01-2018 2 /2 Having considered the specific allegation against the petitioner of shooting at the deceased causing his death, the Court is not inclined to grant bail to the petitioner. The prayer of bail of the petitioner is rejected in connection with Fatehpur P.S. Case No.76 of 2016, pending in the court of learned C.J.M., Gaya. The trial court is directed to expedite the trial after framing of charge and preferably conclude the same within 11⁄2 years.

(Arun Kumar, J.) S.Kumar/- U T