Darbeshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1823 of 2015 Arising Out of PS.Case No. -16 Year- 2013 Thana -KUSHESHWARSTHAN DistrictDARBHANGA ====================================================== Darbeshwar Yadav S/o Late Sukhadeo Yadav, R/V Mahisaut, P.S. Kusheshwar Asthan, Dist. Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar, Advocate For the Opposite Party/s : Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 16-01-2015 Heard learned counsel for the Petitioner and the State. The Petitioner seeks bail in Kusheshwar Asthan P.S. case No.16 of 2013 instituted for the offence under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act, pending in the court of S.D.J.M., Biraul at Benipur, District Darbhanga. The allegation in the First Information Report is that on the date of occurrence the accused persons came to the marriage Pandal where the Informant was sitting and started firing, on account of which the bridegroom fell down dead. Thereafter the Petitioner proclaimed that the work had been done asked the rest of the miscreants to flee away and they left from there. I find from the petition itself that the Petitioner is an accused in a number of cases of serious nature. The Petitioner submits that he has been implicated on

Patna High Court Cr.Misc. No.1823 of 2015 (2) dt.16-01-2015 2/2 account of political rivalry and there is video recording to show that the Petitioner was welcoming the Barat and had not shot at the bridegroom. Further the submission is that one accused, who was caught, confessed his guilt, which was tested by a polygraph test as also arms were recovered at his instance, but he did not name the Petitioner.

Be that as it may, in the nature of allegations against the Petitioner in the First Information Report and that he has criminal antecedents, I am not inclined to grant bail to him. Prayer for bail is rejected.

(Anjana Prakash, J) Narendra/- U T