Shankar Yadav @ Narayan Yadav @Narayan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54135 of 2022 Arising Out of PS. Case No.-68 Year-2022 Thana- KUMAR KHAND District- Madhepura ====================================================== Shankar Yadav @ Narayan Yadav @ Narayan Kumar Son of Dilip Yadav @ Dileep Yadav Resident of Village - Kumarkhand , Ward No.8, Paschim Tola, P.S.- Kumarkhand, Distt.- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail, who is in custody since 07.05.2022 in connection with Kumarkhand P.S. Case No. 68 of 2022, F.I.R. dated 20.02.2022 registered for the offences punishable under Section 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, the petitioner along with other accused persons took the informant's brother Bilash Yadav in the wheat field and shot him in stomach which resulted in death of Bilas Yadav.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. that the date of occurrence as alleged in the F.I.R. is

Patna High Court CR. MISC. No.54135 of 2022(5) dt.17-04-2023 2/2 18.02.2022 but the present F.I.R. was instituted on 20.02.2022 after delay of about 48 hours without giving any explanation of delay. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and postmortem report does not support the allegation as alleged in the F.I.R. Learned APP for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner and submits that the witnesses have supported the prosecution case and the postmortem also corroborate the allegation as alleged in the F.I.R. as well as there is direct allegation against the petitioner that he opened fire upon the brother of the informant namely Bilas Yadav.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Kumarkhand P.S. Case No. 68 of 2022 pending in the Court of learned A.C.J.M.- II, Madhepura.

Prayer is refused.

However, the learned Trial court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Ibrar//- U