Ranjit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50056 of 2016 Arising Out of PS.Case No. -102 Year- 2016 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ====================================================== Ranjit Yadav S/o Suresh Yadav, Resident of Village- Sabnahua Dih, P.S.- Harnaut, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar No.1, Advocate For the Opposite Party/s : Mr. Uday Chand Prasad, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 31.03.2016 in connection with Harnaut P.S. Case No. 102 of 2016 pending in the Court of learned Chief Judicial Magistrate, Nalanda at Biharsharif registered for the offence punishable under Section 302 of the Indian Penal Code.

The prosecution case is that aunt of the informant was cutting grass in the field and while informant was passing through the adjacent field, he noticed that the petitioner after cutting the throat of his aunt fled away. Thereafter, informant rushed to the place of occurrence where he found his aunt in a pool of blood and she was dead. The motive behind the occurrence

Patna High Court Cr.Misc. No.50056 of 2016 (3) dt.16-12-2016 2/2 is said to be land dispute.

It has been submitted by the learned counsel for the petitioner that he is innocent, has no criminal history and has been falsely implicated being a relative of the deceased and allegation is of land dispute. He submits that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence However, learned A.P.P. for the State submits that the informant and the grandson of the deceased are eye-witnesses to the occurrence, hence, opposes the prayer for bail. From perusal of the materials on record and statement of the eye-witness as well as the informant, I am not inclined to grant the privilege of bail to the petitioner. This application is, accordingly, rejected.

(Nilu Agrawal, J.) Arjun/- U T