Patna High CourtCR. MISC./42458/2014rejected

Deo Raj Yadav v. The State Of Bihar

2015-02-16Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.42458 of 2014 (3) dt.16-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42458 of 2014 Arising Out of PS.Case No. -129 Year- 2013 Thana -GOH District- AURANGABAD ======================================================

1. Deo Raj Yadav S/o Doman Yadav resident of village - Gamhari, P.S. Goh, District - Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Singh For the Opposite Party/s : Mr. Smt.Asha Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-02-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Goh P.S. Case No. 129 of 2013 registered for the offences punishable under Sections 302, 307, 326, 323, 324, 147, 148, 149 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, Laldeo Chaudhary the son of the informant was shot dead and it is alleged that the petitioner was also having gun in his hand and further the daughter-in-law when came for rescue, she was also injured. Besides them Kavita Devi also received injury.

Submission is of false implication, that there is no specific allegation rather the allegation is omnibus and general in

Patna High Court Cr.Misc. No.42458 of 2014 (3) dt.16-02-2015 nature. Three fire-arm injuries have been found on the person of the deceased which is not specific, and as such, the petitioner deserves sympathetic consideration to which the learned APP opposes by pointing out that from post mortem report it is evident that the death was caused due to firearm injury. Considering the allegations attributed against the petitioner that he was also armed with gun and started firing upon the deceased, and as such, this Court is not inclined to enlarge him on bail. Accordingly, prayer for bail of the petitioner stands rejected.

(Jitendra Mohan Sharma, J) avin/- U T