Beni Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4952 of 2021 Arising Out of PS. Case No.-67 Year-2020 Thana- BIHARIGANJ District- Madhepura ====================================================== BENI YADAV S/o Bindo Yadav R/o Village - Rajganj, Ward No. -11, P.S. - Bihariganj, District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-06-2021 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 Bihariganj P.S. Case No. 67 of 2020, registered for the offence punishable under Section 302 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, on 10.03.2020 at 12.45 am, while the informant's father and mother were sleeping at Basa, some unknown miscreants committed murder of informant's father.

It is submitted on behalf of the petitioner that petitioner is not named in the FIR. Name of this petitioner has

Patna High Court CR. MISC. No.4952 of 2021(3) dt.21-06-2021 2/2 come in this case on the basis of confessional statement of coaccused Subhash Sah during course of investigation. There is no eye-witness to the occurrence. Save and except confessional statement of co-accused, there is no material against this petitioner. Petitioner is in custody since 15.05.2020 having no criminal antecedent as stated in para 3 of the petition. Learned APP however, vehemently opposed the prayer for bail and submitted that informant's mother (wife of deceased) who is eye-witness to the occurrence has identified this petitioner and stated that this petitioner along with other accused persons committed murder of her husband (informant's father) and death is caused by firearm injury and same fact has also been supported by other witnesses.

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