Shyam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31517 of 2014 Arising Out of PS.Case No. -8 Year- 2013 Thana -KHAGARIA GRP CASE District- KHAGARIA ====================================================== Shyam Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Md.Fahimuddin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-01-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in jail since 20.02.2014 in a case registered for the offences punishable under Sections 302 and 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged by the informant that his father was the Area Commander of the Maoist extremist organization, subsequently, he left the organization but pressure was being made by the Maoist to join the organization but he refused to accept the offer and consequently on the date of alleged occurrence, the informant and one Ram Chandra Yadav were following the deceased from a distance then the informant saw that Manoj Yadav, Nand Kishore Sada, petitioner and Mahantha

Patna High Court Cr.Misc. No.31517 of 2014 (3) dt.29-01-2015 2/3 surrounded his father who were variously armed and on the order of Sunil Yadav, petitioner and co-accused Sandeep Yadav caused firearm injury to the father and escaped from the scene. It is submitted by learned counsel for the petitioner that since the brother of the petitioner was killed for which a case was registered being Chandpura P.S. Case No. 67 of 2012 against the father of the informant and others belonging to Maoist organization, hence, the informant has purposely roped the petitioner in the present case. From the statements of witnesses, it appear that the informant was not present at or around the place of occurrence.

The independent witnesses' statement recorded in para 12 of the case diary reflect that they reached the place of occurrence first and thereafter, the family members of the informant reached. The statement of the nephew of the victim also suggests that after the occurrence, the family members reached to the place of occurrence. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent.

Considering the fact that the informant claims to have seen the occurrence, this Court is not inclined to grant bail to the petitioner at present.

Accordingly, the prayer for bail is rejected in

Patna High Court Cr.Misc. No.31517 of 2014 (3) dt.29-01-2015 3/3 connection with Khagaria Rail P.S. Case No. 08 of 2013 pending in the court of learned Railway Judicial Magistrate, Khagaria.

(Dinesh Kumar Singh, J) Amrendra/- U T