Patna High CourtCR. MISC./2899/2019dismissed

Binod Yadav @ Karu Yadav v. The State Of Bihar

2019-02-08Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2899 of 2019 Arising Out of PS. Case No.-23 Year-2018 Thana- GHOSWARI District- Patna ====================================================== Binod Yadav @ Karu Yadav s/o Basudeo Yadav Resident of Village - Gosai Gaon, P.S. Ghoswari, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in Ghoswari P.S. Case No. 23/2018 corresponding to Sessions Trial No. 505/2018, registered for the offences punishable under Sections 147, 148, 149, 302 and 386 of the Indian Penal Code and section 27 of the Arms Act.

Informant alleged that on 30.04.2018 the accused persons including the petitioner armed with rifles came at her Dalan and started abusing her husband and family members. On protest, the petitioner ordered to kill the informant's husband. Thereafter, petitioner and other accused persons opened fire upon her husband and son, on account of which, they died on the spot.

Patna High Court Cr.Misc. No.2899 of 2019(3) dt.08-02-2019 2/2 It has been submitted on behalf of the petitioner that Petitioner has been falsely implicated in this case. There is case and counter case. Deceased was himself a veteran criminal. Petitioner is in custody since 22.07.2018.

Considering the facts and nature of allegation, 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 trial court is directed to expedite the trial of the petitioner and conclude the same within a period of one year from the date of receipt/production of a copy of this order.

(S. Kumar, J) vinita/- U T