Pankaj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54528 of 2021 Arising Out of PS. Case No.-131 Year-2020 Thana- BARH District- Patna ====================================================== PANKAJ YADAV SON OF TUNTUN YADAV RESIDENT OF VILLAGEBHETGAON, WARD NO. 16, P.S.- BARH, DIST.- PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prem Kumar, Advocate For the Informant :

Mr. Arvind Kumar Sinha, Advocate For the State :

Mr. Abhay Kumar Roy, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-03-2022 Heard learned counsel for the petitioner, the informant and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Barh P.S. Case No. 131 of 2020 instituted for the offences under Section 302 of the Indian Penal Code read with Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 09.04.2020, is a person with clean antecedent and charge-sheet has been submitted. The informant alleges that her son was shot by the petitioner.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.54528 of 2021(4) dt.10-03-2022 2/2 petitioner has been falsely implicated in the present case for the reason that a day prior to the occurrence the petitioner had threatened the deceased. Learned counsel further submits that the informant, despite not being an eyewitness to the occurrence, has falsely alleged against the petitioner that petitioner shot the deceased.

Learned A.P.P. and learned counsel for the informant oppose the bail application and submits that informant is an eyewitness to the occurrence and no mother would implicate a person falsely knowing that he is not the assailant of her child. Considering the submissions made by the learned A.P.P. and learned counsel for the informant, the Court is not inclined to grant bail to the petitioner in connection with the aforesaid case pending in the Court of learned Additional Chief Judicial Magistrate, Barh.

(Satyavrat Verma, J) Kundan/- U T