Patna High CourtCR. MISC./49353/2019bail rejected

Rupesh Yadav @ Rupo Yadav @ Rupen Yadav v. The State Of Bihar

2020-01-21Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49353 of 2019 Arising Out of PS. Case No.-652 Year-2017 Thana- ARARIA District- Araria ====================================================== RUPESH YADAV @ RUPO YADAV @ RUPEN YADAV Son of Late Kumman Yadav Resident of Village - Mahishakol, Ward No. 6, P.S.- Araria, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar Singh, Advocate.

For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 341, 323, 324, 326, 307 and 302 of the Indian Penal Code.

According to the F.I.R., petitioner gave dagger blow to Upendra Yadav (husband of the informant and brother of the petitioner). As a result whereof, Upendra Yadav died. Post mortem report corroborates the allegation. During the same occurrence, petitioner assaulted to his elder brother Bipin Yadav who was hospitalized at the time of F.I.R. Bipin Yadav has also supported the prosecution case as alleged in the F.I.R. Besides Bipin Yadav, some other eye witnesses have also supported the

Patna High Court CR. MISC. No.49353 of 2019(3) dt.21-01-2020 2/2 allegation before the police.

Considering the entire facts and nature of allegation against the petitioner, I am not inclined to enlarge him on bail in connection with S.T. No. 16 of 2018 arising out of Araria P.S. Case No. 652 of 2017 pending in the Court of learned 5th Additional District and Sessions Judge, Araria. Prayer for bail of the petitioner is refused. Petitioner is in custody since 16.09.2017. Trial is going on. Learned trial Judge is directed to expedite the trial of S.T. No. 16 of 2018 arising out of Araria P.S. Case No. 652 of 2017.

(Birendra Kumar, J) mantreshwar/- U T