Jata Shankar Yadav @ Jatwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46253 of 2019 Arising Out of PS. Case No.-187 Year-2015 Thana- BAKHARI District- Begusarai ====================================================== JATA SHANKAR YADAV @ JATWA Son of Late Rajendra Yadav Resident of Village-Parihara, P.S-Bakhri, District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Narayan Ms. Nirmala Kumari For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 27-09-2019 Heard learned Counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in Baliya (Parihara) PS Case No. 48 of 2003 registered under Sections 147, 148, 386, 34 of the IPC and Section 27 of the Arms Act.

Counsel for the petitioner submits that the informant has not stated all the details as per the FIR, at the time of recording of his statement during course of investigation. There is no motive to sustain the allegation made against the petitioner and that due to extraneous consideration petitioner has been implicated in this case falsely. Petitioner is in custody since 11.1.2018. Learned APP submits that the petitioner has seven other cases pending against him. The minor discrepancy in absence of details at the time of recording of statement in course of investigation is not such that the petitioner can gain any benefits. It is further submitted that the medical evidence corroborates the allegations as stated in the FIR.

Having regard to the rival submissions of the parties this

Patna High Court CR. MISC. No.46253 of 2019(3) dt.27-09-2019 2/2 Court is not inclined to allow the privilege of bail to the petitioner. This application is rejected.

(Madhuresh Prasad, J) SNkumar/- U