Sushil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15901 of 2015 Arising Out of PS.Case No. -321 Year- 2014 Thana -JAMUI DistrictJAMUI ====================================================== Sushil Yadav Son of Bhikhari Yadav resident of village - Rajpura, Police Station - Jamui, District - Jamui .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha, Adv. For the Opposite Party/s : Mr. Gajendra Pd.Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-09-2015 Heard both sides.

The petitioner seeks bail in a case registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code.

The informant alleged that on the alarm of Bideshi Yadav, he went to his father, who was lying injured. Bideshi Yadav disclosed the names of six persons, namely, Ganauri Yadav, Gorelal Yadav, Karu Yadav, Sushil Yadav, Triloki Yadav and Sunil Yadav (petitioner) and stated that they all assaulted him. Ishwar Yadav and Lutan Yadav were also assaulted. It is submitted that there is no specific allegation against the petitioner. The deceased and the injured were drunkard

Patna High Court Cr.Misc. No.15901 of 2015 (4) dt.03-09-2015 2/2 and they fell and got injuries, out of whom one died. It appears that the informant has very categorically stated that his father disclosed about the name of his assailants. Ishwar Yadav also disclosed the name of the petitioner, who assaulted the deceased, Ishwar Yadav and Lutan Yadav. The postmortem report and the injury report show that the face of the deceased was smashed. Ishwar Yadav and Lutan Yadav also got injury on head and face.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail at this stage. Accordingly, his prayer for bail is rejected.

However, the trial Court is directed to expedite the trial and conclude the same preferably within a period of nine months.

(Prabhat Kumar Jha, J) Kanchan/- U T