Mukesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50244 of 2023 Arising Out of PS. Case No.-185 Year-2020 Thana- MOKAMAH District- Patna ====================================================== Mukesh Yadav S/O Late Ramji Yadav R/O Village- Kanhaipur, Gahil Asthan Ps. Mokama, Dist. Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Man Mohan Kumar For the Opposite Party/s :
Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-10-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in connection with Mokama P.S. Case No. 185 of 2020 instituted for the offence under Sections 147, 148, 149, 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case in short, is that the informant, namely, Madhu Devi was at her house and at the same time, her son Guddu Kumar aged about 20 years went out from house. In the meantime, several co-accused persons along with this petitioner who was armed with fire arms surrounded
Patna High Court CR. MISC. No.50244 of 2023(3) dt.03-10-2023 2/3 her son. One co-accused Laxman Yadav and this petitioner fired upon him which hit on the chest of the informant's son and other co-accused persons also fired upon the several parts of the body of the informant's son resulting to his death. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this present case due to previous enmity. Moreover, he is languishing in judicial custody since 29.06.2021.
Learned APP appearing for the state has opposed the prayer of regular bail and submitted that there is specific allegation of firing on the chest of the deceased against the petitioner. During investigation, several witness supported the prosecution version. It is further submitted that the bail application of several co-accused persons has already been rejected by the co-ordinate Bench of this Court vide order dated 07.04.2022 in Cr. Misc. No. 39698/2021, 42578/2021 and 42607 of 2021.
Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.
The trial court is directed to expedite the trial and
Patna High Court CR. MISC. No.50244 of 2023(3) dt.03-10-2023 3/3 conclude the same within a period of nine months. (Sunil Kumar Panwar, J) shubham/- U T