Sonu Yadav @ Krishna Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64682 of 2021 Arising Out of PS. Case No.-132 Year-2020 Thana- UCHKAGAON District- Gopalganj ====================================================== Sonu Yadav @ Krishna Kumar Yadav Son Of Garju Yadav R/O VillageSareya, Tithaghat, P.S. Hussainganj, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akshay Lal Pandit, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP For the Informant/s :

Mr. Rajat Kumar Tiwary, Adv.

:

Mrs. Deepika Sharma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-11-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Uchakagaon P.S. Case No. 132 of 2020 lodged under Sections 302, 120B, 34 of the I.P.C.

As per the prosecution case, there is allegation of murder in connivance with other co-accused persons in the F.I.R. There are 6 named accused persons.

Learned counsel for the petitioner submits that from the content of F.I.R., it transpires that the allegation against the present petitioner is that he was present only on the place of occurrence but there is no allegation of act or overt act in the

Patna High Court CR. MISC. No.64682 of 2021(5) dt.29-11-2022 2/2 F.I.R. against him.

Learned counsel further submits that petitioner is in custody since 18.08.2020. There are in total 5 criminal cases pending against him and in all the cases, he is on bail. Charge sheet has already been filed. Learned counsel submits that he is ready to fulfill all the conditions whatsoever shall be imposed upon him.

Learned counsel for the State opposes the prayer for bail and submits that from the content of F.I.R. itself that he may not act or attack but he has played an important role in assisting the main accused to brought on the place of occurrence and remove him from the place of occurrence after gun shot. In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected but liberty is hereby granted to the petitioner that he may renew his prayer for bail 9 months from today. The Trial Court is directed to expedite the trial as early as possible. With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) prakashmani/- U T