Patna High CourtCR. MISC./12205/2017rejected

Dilip Yadav v. The State Of Bihar

2017-03-24Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12205 of 2017 Arising Out of PS.Case No. -86 Year- 2015 Thana -SONBERSA District- SAHARSA ====================================================== Dilip Yadav, Son of Chandra Shekhar Yadav @ Ghosh, Resident of village - Manori, P.S. Sonbarsa, Raj, District - Saharsa. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Subesh Sharma For the Opposite Party/s : Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Sonbarsa Raj P.S. Case No. 86 of 2015, registered under Sections 302, 379/34 of Indian Penal Code and Section 27 of the Arms Act, pending in the Court of Sessions Judge-II at Saharsa.

The accusation is that on 04.06.2015, 11 persons named in the F.I.R., including the petitioner, reached at the door of the informant and surrounded the house and at that time Sanjeet Yadav and Ranjeet Yadav entered in the house and took cash of Rs. 50,000/- from the box at the order of Chandrashekhar Yadav @ Ghosh, petitioner Dilip Yadav shot fire at Mukesh Yadav, brother of the informant, at his head and Karo Yadav also caused fire arm injury to him on which Mukesh Yadav, brother of the informant, died on the

Patna High Court Cr.Misc. No.12205 of 2017 (3) dt.24-03-2017 2/2 spot.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that occurrence is said to be happened at 2.00 A.M. in the night so it has not possible for the informant to identify the culprits from the roof in the dark night. Learned counsel for the State vehemently opposed the prayer of the petitioner submits that on the order of Chandrashekhar Yadav @ Ghosh, petitioner Dilip Yadav shot fire at Mukesh Yadav, brother of the informant, who died on the spot. Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, prayer of the petitioner, above named, is rejected.

(Rajendra Kumar Mishra, J) manish/- U T