Chandra Sekhar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51143 of 2022 Arising Out of PS. Case No.-84 Year-2022 Thana- SANDESH District- Bhojpur ====================================================== Chandra Sekhar Yadav Son Of Hiralal Yadav Resident Of Village- Deuar, P.S.- Sandesh, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 302/34, 354(a), 504 of the Indian Penal Code and Section 27 of Arms Act. The prosecution in nutshell is that petitioner came to the roof of informant and started using obscene words to the daughter of the informant. When the informant raised objection, petitioner started abusing and called his father and uncle. Thereafter, petitioner with country made pistol shot by targeting the informant

Patna High Court CR. MISC. No.51143 of 2022(3) dt.06-02-2023 2/3 but it hit to the child of informant, namely, Rakesh Kumar who succumbed to gun shot injury.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this. No occurrence as alleged has ever taken place. Moreover, petitioner is in judicial custody since 24.4.2022.

Learned APP appearing on behalf of the State vehemently opposed the prayer of the petitioner and submitted that there is specific allegation of shot fire against the petitioner due to which son of the informant, namely, Rakesh Kumar has been shot dead. During investigation, witnesses have supported the prosecution case. Postmortem Report is also in consonance with the prosecution version of the case.

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.

Patna High Court CR. MISC. No.51143 of 2022(3) dt.06-02-2023 3/3 Learned trial court is directed to expedite the trial and conclude the same as early as possible. (Sunil Kumar Panwar, J) nirajkrs/- U T