Dharamdeo Yadav @ Dharmdeo Yadav @ Dharamdeo Singh @ Dharmdeo Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14881 of 2016 Arising Out of P.S. Case No. -168 Year- 2005 Thana -NAWANGAR District- BUXAR ====================================================== Dharamdeo Yadav @ Dharmdeo Yadav @ Dharamdeo Singh @ Dharmdeo Singh, Son of Basudeo Yadav, R/o Village - Mania, P.S. - Nawanagar (Sonbarsha O.P.), District - Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar, Advocate. For the Opposite Party/s : Mr. B.N. Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-11-2016 Heard learned counsel for the petitioner, learned A.P.P. and learned counsel appearing for the informant. The petitioner seeks bail in Nawanagar (Sonbharsa) P.S. Case No 168/2005 / G.R. No. 1934/2005 registered under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The informant alleged that Haribhajan Chaudhary, Shyam Sundar Chaudhary, Hridyanand Prasad and Dharmdeo Yadav appeared and made indiscriminate firing causing the death of the uncle of the informant on the spot. Learned counsel for the petitioner submits that no specific allegation of firing is made against the petitioner. The petitioner was working in different companies from February, 2003 to December, 2004 and from September, 2006 to November, 2014 but it appears that there is

Patna High Court Cr.Misc. No.14881 of 2016 (6) dt.15-11-2016 2/2 specific allegation that the petitioner also fired causing the death of the uncle of the informant on the spot and the petitioner was absconding for last 11 years. The petitioner was apprehended in the year 2015. The petitioner has got criminal antecedents. Three other accused persons have already been convicted. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail in Nawanagar (Sonbharsa) P.S. Case No 168/2005 / G.R. No. 1934/2005, corresponding to S. Tr. No. 132/15, pending in the court of the learned Additional Sessions Judge III, Buxar. Accordingly, the same is rejected. The trial court is directed to hold the trial of the petitioner on day-to-day basis and conclude the same, preferably within one year from the date of receipt / production of copy of this order.

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