Ram Chandra Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.58413 of 2015 (6) dt.22-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58413 of 2015 Arising Out of PS.Case No. -21 Year- 2007 Thana -ATRI District- GAYA ====================================================== Ram Chandra Yadav Son of Sri Jai Ram Yadav R/o Village Dhusari, P.S. Atari, in the District of Gaya .... .... Petitioner

Versus

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

For the Petitioner : Mr. Prabhu Narayan Sharma, Advocate For the Opposite Party : Mr. Rajendra Singh Shastri, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody in connection with Atri P.S.Case No.21 of 2007 pending in the Court of Judicial Magistrate, Ist Class, Gaya registered for an offence under Sections 302/34 of the IPC and Section 27 of the Arms Act. As per the prosecution case, it is a case of murder of the brother of the informant by the accused persons. It has been submitted that the petitioner is in custody since 06.08.2015. Charge sheet has been submitted in the case. Petitioner has got no criminal antecedent. There is no allegation of tampering of evidence against the petitioner. It is case and counter case between the parties. The informant's side is said to be the

Patna High Court Cr.Misc. No.58413 of 2015 (6) dt.22-07-2016 aggressor and the petitioner to save himself has fired. On behalf of the State, it has been submitted that the petitioner is named in the FIR and due to the firing made by the petitioner, the deceased has died. The case is of the year 2007 and the petitioner had been absconding for more than eight years. Considering the aforesaid facts and circumstances, I am not inclined to release the petitioner on bail, the same is rejected. (Sudhir Singh, J) B.Kr./- U T