Patna High CourtCR. MISC./34636/2017dismissed

Indradeo Yadav v. The State Of Bihar

2017-08-02Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34636 of 2017 Arising Out of PS.Case No. -174 Year- 2008 Thana -BODHGAYA District- GAYA ======================================================

1. Indradeo Yadav Son of Late Pyari Yadav @ Pyare Yadav, R/o VillageHarli Khurd, P.S.- Bodh Gaya, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Yadav For the Opposite Party/s : Mr. Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2017 Learned counsel for the petitioner is permitted to make necessary correction in paragraph-7 of the petition in the course of the day.

Heard learned counsel for the petitioner.

The petitioner seeks regular bail in connection with Bodhgaya P.S. Case No. 174 of 2008 under Sections 302/34 of the IPC and under Section 27 of the Arms Act.

Allegation against the petitioner is that he along with other co-accused persons chased and fired upon the deceased. It has been submitted on behalf of the petitioner that the allegation against the petitioner is general and omnibus in nature. He further submits that one of the co-accused persons, namely, Ramashish Yadav, has already been granted privilege of bail by a

Patna High Court Cr.Misc. No.34636 of 2017 (3) dt.02-08-2017 2/2 co-ordinate Bench of this Court vide order dated 26.11.2015 passed in Cr. Misc. Case No. 53254 of 2015 and the case of the petitioner stands on same footing.

Heard learned A.P.P. also, who vehemently opposes the prayer stating that petitioner has criminal antecedent and it appears that petitioner has absconded.

Having heard both sides and in the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail.

However, petitioner may renew his prayer for bail after initiation of evidence or after two months whichever is earlier. With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) khushbu/- U T