Patna High CourtCR. MISC./16085/2017dismissed

Abhay Yadav v. The State Of Bihar

2017-04-25Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16085 of 2017 Arising Out of PS.Case No. -524 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Abhay Yadav Son of Chhotan Yadav resident of Village- Barari, (Pashim tola) P.S. Barari, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Janki Nandan Prasad For the Opposite Party/s : Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-04-2017 Heard the parties.

This application is for grant of regular bail in connection with Kotwali (Barari) P.S.Case No.524 of 2016 for the offences under Sections 302,120(B) of the Indian Penal Code and Section 27 of the Arms Act.

Petitioner is not named in the F.I.R. and later on during the course of investigation, his name transpired. It is submitted on behalf of the petitioner that the petitioner has been falsely implicated in this case on the basis of suspicion only and there is nothing against him. He is in custody since 17.12.2016.

Heard learned A.P.P. also, who has opposed the prayer for bail, stating that in Para 8 of the case diary, it has come that the

Patna High Court Cr.Misc. No.16085 of 2017 (3) dt.25-04-2017 2/2 petitioner and other co-accused persons are terror in the locality and they used to demand 'Rangdari' and it has also come that the petitioner along with some other co-accused persons demanded Scorpio of the deceased and due to non-payment of its fare, the deceased did not allow to take the Vehicle and due to that they killed him. Apart from that it has come against the petitioner that he has criminal antecedent and he is accused in 08 other cases. Having heard both sides and in view of the fact that there is strong suspicion against the petitioner as well as he is having criminal antecedent, as such, I am not inclined to grant bail to the petitioner.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U