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Patna High CourtCR. MISC./44433/2018dismissed

Hardeo Yadav v. The State Of Bihar

2018-09-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44433 of 2018 Arising Out of PS.Case No. -203 Year- 2017 Thana -BIHIYA District- BHOJPUR ======================================================

1. Hardeo Yadav, S/o Ram Lal Yadav, Resident of Village- Maniyara, P.S.- Tiyar, District- Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Birendra Kumar Singh, Advocate For the Opposite Party/s : Smt. Nirmala Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2018 Heard the parties. The petitioner seeks regular bail in connection with Bihiya P.S. Case No. 203 of 2017, corresponding to the G.R. Case No. 2377 of 2017, registered for the office under Sections 341, 323, 324, 307 and 302/34 of the IPC.

Allegation against the petitioner is of stabbing a dagger blow at the chest of the son of the informant, causing injury and he succumbed to injury.

Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case due to old enmity and nothing has been recovered from the possession of the petitioner. It is also submitted that F.I.R. was lodged after five days from the date of occurrence which shows that some

Patna High Court Cr.Misc. No.44433 of 2018 (4) dt.04-09-2018 2/2 manipulation has been made in the F.I.R. It has further been submitted that the police after investigation submitted charge sheet and the petitioner is in custody since 21.04. 2018. Heard learned A.P.P. also who opposed the prayed for bail.

Having heard both sides and in view of the facts and circumstances that the petitioner is of stabbing the son of the informant for which he succumbed to injury, I am not inclined to grant bail to the petitioner and it is accordingly dismissed. (Vinod Kumar Sinha, J) Sudha/- U T