Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3027 of 2021 Arising Out of PS. Case No.-29 Year-2020 Thana- ISMAILPUR District- Bhagalpur ====================================================== CHANDAN YADAV SON OF BINOD YADAV R/O VILL.- PHULKIYA, P.S.- ISMAILPUR, DIST.- BHAGALPUR, AT PRESENT NAHAR TOLA, P.S.- SAHAR, BHAWANIPUR, DIST.- PURNIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-06-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of bail in Ismailpur P.S. Case no. 29 of 2020 registered for the offence punishable under section 302/34 of the Indian Penal Code and section 27 of the Arms Act.

As per prosecution case, while informant and others were returning, six persons including the petitioner made indiscriminate firing as a result of which brother of the informant sustained firearm injury and during course of treatment, brother of the informant died.

It is submitted on behalf of the petitioner that there is

Patna High Court CR. MISC. No.3027 of 2021() dt.28-06-2021 2/2 no specific allegation against the petitioner. Allegation of firing is omnibus and general in nature and the petitioner has been falsely implicated in this case due to village politics. Petitioner is in custody since 13.08.2020.

However, learned counsel for the State vehemently opposed the prayer for bail and submitted that there is specific allegation against the petitioner that it was the petitioner who made indiscriminate firing as a result of which deceased sustained multiple injuries and died.

Considering the aforesaid facts and circumstances, prayer for bail of the petitioner is rejected. (Prabhat Kumar Singh, J) s.hassan/- U T