Madan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62316 of 2024 Arising Out of PS. Case No.-161 Year-2016 Thana- MAJHAULIA District- West Champaran ====================================================== Madan Yadav Son of Late Ramji Yadav Resident of Village- Dumari Mahanwa, P.S.- Majhaulia, District- Weat Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Patanjali Rishi, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-11-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in Majhaulia P.S. Case No. 161 of 2016, instituted for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302 and 504 of the Indian Penal Code.
3. The prosecution case, in short, is that, the petitioner along with other co-accused persons assaulted the deceased. The petitioner gave spear blow on the chest and stomach of the deceased Bharat Yadav due to which he fell and upon which other three accused persons gave him repeated lathi blow. The deceased sustained injuries and during his treatment he succumbed to injuries.
Patna High Court CR. MISC. No.62316 of 2024(3) dt.19-11-2024 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that no specific allegation has been attributed against the petitioner. It is further submitted that during scuffle the deceased fell down over sharp edge weapon and sustained grievous injury near his chest and during treatment he succumbed to his injuries. The petitioner is in custody since 04.05.2024 and has got no criminal antecedent.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is also submitted that the post-mortem report of the deceased reveals that cause of death was due to cumulative effect of sharp edge weapon on chest, abdominal and head injuries. The witnesses have also supported the prosecution case. It is further submitted that there is direct and specific allegation against the petitioner of inflicting with bhala (spear) on vital parts of the body of the deceased Bharat Yadav. Hence, the petitioner does not deserve the privilege of bail.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.62316 of 2024(3) dt.19-11-2024 3/3 of the case, nature of accusation and the gravity of the offence, this Court is not inclined to grant bail to the petitioner.
7. The prayer is rejected. The trial Court is directed to expedite the Trial expeditiously.
(Rudra Prakash Mishra, J) Rajorshi/- U T