Naresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57161 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -MUNGER MUFFASIL District- MUNGER ====================================================== Naresh Yadav S/o Rajendra Yadav, R/o Village- Sitakund Dih, P.S.- Muffasil, District- Munger.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rekha Prasad For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 16-01-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Munger Muffasil PS Case No. 5 of 2017 registered under Sections 147, 149, 323, 307, 302, 379 and 504 of the IPC.

Learned Counsel for the petitioner submits that the FIR was lodged after one day delay without any explanation and the allegationis that this petitioner and one Rajendra Yadav assaulted with spade over head of the informant's father, however, there is only one injury contusion was found on the head of the deceased. Similarly situated co-accused Rajendra Yadav has been admitted to anticipatory bail by a coordinate Bench of this Court and the petitioner is in custody since 26.7.2017. He has been implicated only because of land dispute.

Learned Counsel for the State submits that in the statement the witnesses made specific allegation of assault by this petitioner on the head.

Since there is specific allegation against the petitioner of assaulting over the head causing death of the deceased, so his prayer for bail at present is rejected.

Patna High Court Cr.Misc. No.57161 of 2017 (3) dt.16-01-2018 The trial court is directed to expedite the trial after framing of the charge and preferably conclude the same within a year. (Arun Kumar, J.) Snkumar/- U T