Jasdev Kumar Singh @ Jasdev Yadav @ Yasdev Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70591 of 2021 Arising Out of PS. Case No.-602 Year-2019 Thana- BUXAR District- Buxar ====================================================== JASDEV KUMAR SINGH @ JASDEV YADAV @ YASDEV YADAV Son of Late Khuti Yadav Resident of Village- Lal Ganj, P.S.- Buxar (Muffasil), District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 13-10-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Sessions Trial Case No. 246 of 2019 arising out of Buxar(Town) P.S. Case 602 of 2019 registered for the offence punishable under Sections 147, 148, 149, 302 of of the Indian Penal Code and Section 27 of Arms Act.

As per prosecution case, accusation against the petitioner is that he alongwith others fired upon the informant's brother namely Chitranjan Singh as a result of which he died on the spot.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.70591 of 2021(3) dt.13-10-2022 2/2 petitioner is in custody since 23.09.2021. Petitioner bears no criminal antecedent. There is specific allegation attributed to the co-accused Ranjeet Singh who fired upon the victim and the bullet hit the lower part of the ear of the victim.

The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner. He also submitted that postmortem report shows eight gunshot injuries on the body of the deceased and there is allegation of firing against five persons. Learned counsel further submits that para 88 of the case diary shows that the cause of death on account of fire arm injuries. Considering the facts and circumstances of the case, allegation leveled against the petitioner, same is supported by the postmortem report and materials available on record, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is hereby rejected.

However, the trial court is directed to expedite the trial as early as possible.

(Alok Kumar Pandey, J) alok/- U T