Patna High CourtCR. MISC./51654/2019bail rejected

Sharwan Kumar @ Sharwan Yadav v. The State Of Bihar

2019-10-25Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51654 of 2019 Arising Out of PS. Case No.-36 Year-2019 Thana- BEN P.S. District- Nalanda ====================================================== SHARWAN KUMAR @ SHARWAN YADAV Son of Late Rajnandan Yadav Resident of Village-Basodih, P.S.-Ben, District-Nalanda. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Chandra For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 27.03.2019 has filed the instant application for grant of bail in connection with Ben P.S. Case No. 36/2019 registered for the offence punishable under sections 302/34 of the Indian Penal Code and 27 of Arms Act.

As per the allegation in the FIR, as a result of altercation taking place on the day of 'Agja' it is stated that the petitioner fired on the wife of the informant, leading to her death.

It is submitted by learned counsel for the petitioner that the petitioner is in custody since 27.03.2019, there is case and counter case between the parties and that the informant on

Patna High Court CR. MISC. No.51654 of 2019(3) dt.25-10-2019 2/2 coming to know the true facts has filed a petition in the court below.

The learned APP further submits that there is direct allegation against the petitioner and that the postmortem report support the case of the prosecution.

Having heard learned counsel for the parties and taking into consideration the fact of the petitioner being the sole assailant of the deceased the Court is not inclined to enlarge the petitioner on bail.

As such the application for bail is rejected. The learned trial court is directed to expedite the trial. (Partha Sarthy, J) Prakash Narayan /- U T