Bablu Yadav @ Babloo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25189 of 2018 Arising Out of PS.Case No. -181 Year- 2017 Thana -RAJNAGAR District- MADHUBANI ======================================================

1. Bablu Yadav @ Babloo Yadav, Son of Raj Kumar Yadav, Resident of village- Pilakhbar, P.S.- Rajnagar, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 20-07-2018 Heard learned Counsel for the petitioner and the State as also the learned Counsel appearing on behalf of the informant. Petitioner, already in custody since 30.8.2017 seeks bail in Raj Nagar PS Case No. 181 of 2017 registered under Sections 147, 148, 149, 341, 324, 307 and 302 of the IPC.

The allegation in brief is that due to some dispute regarding water discharge of the drainage the accused persons assaulted the informant side and it is alleged that this petitioner gave spear blow on the left side of his chest and thereafter at the same place subsequently Bhola Yadav also assaulted as a result of which he died, other persons also sustained injuries.

Learned Counsel for the petitioner submits that there was case and counter case between both sides and the allegation is that two persons assaulted the deceased on the left side of the chest at the same place and the petitioner has been in custody in this case since 30.8.2017.

Whereas learned Counsel for the informant submits that the petitioner is the main assailant and he is the first person who had assaulted with spear on the chest of the deceased and the post

Patna High Court Cr.Misc. No.25189 of 2018 (5) dt.20-07-2018 mortem report also indicates corresponding injury, which proved fatal.

Having considered the said facts and circumstances, as the allegation is specific against the petitioner, so presently his prayer for bail is rejected.

However, the trial court is directed to expedite the trial and preferably conclude the same within a period of one year and if the trial is not concluded within the stipulated period the petitioner may renew his prayer for bail.

(Arun Kumar, J) Snkumar/- U T