Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1722 of 2021 Arising Out of PS. Case No.-137 Year-2020 Thana- KONCH District- Gaya ====================================================== ANIL YADAV Son of Late Ramanand Yadav Resident of Village - Sinduari, P.S.- Konch, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar Singh For the Opposite Party/s :

Mr.Shashank Shekhar, Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-06-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Konch P.S. Case No. 137 of 2020, registered for the offence punishable under Sections 307, 302, 504 and other allied sections of the Indian Penal Code and section 27 and 35 of the Arms Act.

As per the prosecution case, co-accused Vimlesh Kumar fired upon Grijesh Sharma Kaushik (deceased) causing injury on his abdomen and this petitioner is also alleged to have fired upon him causing chest injury, as a result of which he died.

Patna High Court CR. MISC. No.1722 of 2021(4) dt.09-06-2021 2/2 It is submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated due to village politics. There is case and counter case and cause of death is due to injury on his abdomen, caused by co-accused Vimlesh Kumar. Petitioner is in custody since 05.09.2020. Learned APP however, vehemently opposed the prayer for bail and submitted that petitioner is one of the assailants and there is direct and specific allegation of firing upon the deceased causing his death.

Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T