Vikky Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55000 of 2017 Arising Out of PS.Case No. -128 Year- 2017 Thana -PIRBAHOR District- PATNA ====================================================== Vikky Yadav S/o Sri Mohan Yadav R/V - Bhawar Pokhar, P.S.- Pirbahore, Distt.- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-01-2018 Heard the counsel for the petitioner, the informant and the State.

The petitioner seeks bail in connection with Pirbahore P.S. Case No. 128 of 2017 dated 27.03.2017 instituted for the offences under Sections 307, 386, 341, 504, 506, 34 of the Indian Penal Code. Later, Section 302 of the Indian Penal Code was also added.

The deceased had lodged the F.I.R alleging that the petitioner and others had come to his shop and had demanded cigarette and chewing tobacco. When the deceased wanted to realize money for the earlier supply, he was assaulted by all the accused persons by means of knife, leading to his death. Mr. Vijay Kumar Sinha, learned counsel for the petitioner has submitted that the son of the deceased whose statement has been recorded in para 5 of the case diary has stated

Patna High Court Cr.Misc. No.55000 of 2017 (4) dt.08-01-2018 2/2 that co-accused Vikash Kumar had actually given a knife blow on his father, leading to his death. It has further been submitted that during the course of investigation, one Panpatia Devi whose statement has been recorded in para 7 of the case diary has stated that the dispute between the accused persons and the deceased took place because of losses in the game of dice. Be that as it may, learned counsel for the informant has drawn the attention of this Court to an order passed on 03.08.2017 in Cr. Misc. No. 30196 of 2017 in the case of one Mohan Yadav, one of the co-accused of this case and the father of this petitioner, whereby his prayer for bail has been rejected by a Bench of this Court and he has been directed to renew his prayer for bail after the framing of the charge.

In that view of the matter, the prayer for bail of the petitioner is also rejected for the present with the observation that he may renew his prayer for bail after the framing of the charge.

The petition is disposed off with the aforesaid observation.

(Ashutosh Kumar, J) Shageer/- U T