Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41033 of 2016 Arising Out of PS.Case No. -74 Year- 2016 Thana -BUXAR District- BUXAR ====================================================== Sunil Yadav Son of Nathuni Yadav Resident of Village- Budhanpurwa, Buxar, Police Station- Buxar (T), District Buxar. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anil Kumar Roy, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 29-09-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 22.03.2016 in connection with Buxar (T) P.S. Case No. 74 of 2016 for the offences alleged under Sections 341, 147, 148, 149, 302, 326 and 120B of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated and in any event, the thrust of accusation of having fired and caused death of the deceased is on co-accused Rahul Yadav. It is further submitted that co-accused Nathuni Yadav who is said to have held the hand of the deceased at the time of occurrence has been granted bail and the petitioner who is said to have held the feet of the deceased is similarly situated. This Court is not persuaded to take a similar view as in the case of coaccused Nathuni Yadav.

4. Considering the nature of accusation that the petitioner is said to have caught hold of the feet of the deceased when co-accused Rahul Yadav fired on the head of the deceased as well as the criminal antecedents of the petitioner, this Court is

Patna High Court Cr.Misc. No.41033 of 2016 (2) dt.29-09-2016 2/2 not inclined to grant the privilege of bail to the petitioner. Bail petition stands dismissed.

(Vikash Jain, J) B.T/Ibrar U T