Patna High CourtCR. MISC./24946/2018rejected

Bhola Yadav v. The State Of Bihar

2018-05-24Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24946 of 2018 Arising Out of PS.Case No. -196 Year- 2017 Thana -NARDIGANJ District- NAWADA ====================================================== Bhola Yadav S/o Khusdeo Yadav R/o Village - Sangowar, P.S. - Nardiganj, Distt - Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogesh Chand Verma, Sr. Advocate Mr. Ranvijay Singh, Advocate For the State : Mr. Umanath Mishra, APP For the Opposite Party/s : Mr. Durgesh Nandan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 302, 120 (b) of the Indian Penal Code and 27 of the Arms Act in connection with Nardiganj P.S. Case No. 196 of 2007 in S. Tr. No. 89 of 2018 pending in the court of Additional Sessions Judge-I, Nawada. The petitioner's counsel submits that it is a case of false implication in as much as the allegations are highly improbable. He submits that all the family members have been implicated in this case on suspicion at the instance of maternal grand father of the informant.

It is submitted by the counsel for the informant that FIR would show that just before the occurrence a threat has been meted out by the instant petitioner to the victim since she was objecting the sale of an ancestral property. Even on the day of occurrence there has been threat meted out by the instant petitioner and he had seen the petitioner coming out from the room after firing leading to death of the victim.

Patna High Court Cr.Misc. No.24946 of 2018 (3) dt.24-05-2018 2/2 Considering the nature of allegations, this Court, for the present, is not inclined to enlarge the petitioner on bail. The prayer for bail is therefore, rejected.

(Madhuresh Prasad, J) Prakash/- U