Patna High CourtCR. MISC./57282/2018disposed

Kedar Yadav v. The State Of Bihar

2018-12-04Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57282 of 2018 Arising Out of PS. Case No.-95 Year-2018 Thana- GAYA KOTWALI District- Gaya ====================================================== Kedar Yadav, Son of Raudi Yadav, residence of Village- Bangla Asthan Maharani Road, P.S.- Kotwali, District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Umesh Kumar For the Opposite Party/s :

Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Gaya Kotwali P.S. Case No. 95 of 2018 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307 and 302 of the Indian Penal Code. Informant in her written complaint has alleged that on 19.02.2018 at about 3 to 4 pm the Informant alongwith her husband was going to her house then petitioner along with FIR named accused variously armed with lathi, danda and Iron Rod came and started assaulting her husband on account of which he sustained injuries and was taken to ANMMCH, Gaya for treatment where he died during the course of treatment. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. On the date of occurrence petitioner was not present at the spot

Patna High Court Cr.Misc. No.57282 of 2018(5) dt.04-12-2018 2/2 rather he had gone to market. There is video of occurrence but the petitioner was not found present at the place of occurrence. Petitioner has got no criminal antecedent and is in custody since 11.06.2018.

Considering the nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is hereby rejected.

However, the petitioner is granted liberty to renew his prayer for bail after framing of charge.

(S. Kumar, J) ranjan/- U