Patna High CourtCR. MISC./11917/2014rejected

Vijay Yadav v. The State Of Bihar

2015-04-02Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11917 of 2014 Arising Out of PS.Case No. -197 Year- 2013 Thana -RAHUI District- NALANDA (BIHARSHARIFF) ======================================================

1. Vijay Yadav Son Of Late Ramotar Yadav Resident Of Village Khaje Etwarsarai, Police Station-Rahui (Bhagan Bigha), District-Nalanda .... .... Petitioner

Versus

1. The State Of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Raj Kishor Prasad For the Opposite Party : Mr. Harendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-04-2015 Petitioner is languishing in custody since 27.08.2013 in a case registered for the offences punishable under Sections 307, 323, 341, 504, 506, 34 of the I.P.C. Subsequently Section 302 of the I.P.C was also added. It is alleged by the informant that he was being assaulted by the petitioner, Uday Yadav and Vijay Yadav causing injury on the head and fracture on the left hand. Subsequently the informant succumbed to the injuries. It is submitted by learned counsel for the petitioner that from the accusation, it is not apparent that whose assault actually proved fatal.

Considering the nature of accusation, the application for grant of bail of co-accused Ravi Yadav has been rejected by this Court vide Cr. Misc. No. 8870 of 2014. The report of the Superintendent of Police,

Patna High Court Cr.Misc. No.11917 of 2014 (5) dt.02-04-2015 2/2 Nalanda at Flag-A reflects that petitioner is accused in three other cases being (1) Rahui(Bhagan Bigha) P.S. Case No. 46 of registered under Section of the I.P.C (2) Rahui(Bhagan Bigha) P.S. Case No. 207 of 1995 registered under Sections 302, 394 of the I.P.C (3) Rahui(Bhagan Bigha) P.S. Case No. 70 of 1999 registered under Sections 395, 397 of the I.P.C.

Considering the aforesaid facts, this Court is not inclined to grant bail to the petitioner. Accordingly the application is dismissed in connection with Rahui(Bhagan Bigha) P.S. Case No. 197 of 2013, pending in the Court of learned Additional District Judge, 1st, Nalanda at Biharsharif.

Let the trial be expedited.

(Dinesh Kumar Singh, J) Shageer/- U T