Birju Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62033 of 2022 Arising Out of PS. Case No.-28 Year-2012 Thana- SAMHO District- Begusarai ====================================================== Birju Yadav S/o Bhagwan Yadav @ Late Bulaye Yadav Resident of villageJagan Saidpur, P.S.- Shamho, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sabal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

According to prosecution case, this petitioner on direction of co-accused fired upon the husband of the informant due to which he died and this fact had been revealed by the deceased/victim himself to the informant at the time of his death.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.62033 of 2022(3) dt.29-03-2023 2/2 petitioner has falsely been implicated in the present case. He further submits that the informant is not the eye witness and it has come during investigation that the deceased has informed the informant that the petitioner has shot fire at him. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the occurrence took place in 2012 and the petitioner was named in the F.I.R. but he has absconded for about 10 years and lastly he has surrender in February 2022. He further submits that it has come during investigation that the petitioner is the main assailant.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Samho P.S. Case No. 28 of 2012 pending in the court of learned Sub Divisional Judicial Magistrate, Begusarai.

Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T