Abdhesh Yadav @ Avdhesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65282 of 2024 Arising Out of PS. Case No.-192 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Abdhesh Yadav @ Avdhesh Yadav Son of Late Parbhu Yadav R/O - Pathalaphar, P.S - Sheikhpura, District - Sheikhupura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Ms. Rina Sinha, Advocate For the Informant :

Mr. Dinkar Kumar, Advocate Mr. Ajit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sheikhpura P.S. Case No. 192 of 2023, lodged on 01.04.2023 under Sections 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the FIR has been lodged against 14 named accused persons including the present petitioner alleging therein that all the accused persons surrounded the brother of the informant while he was returning from Sheikhpura Civil Court and thereafter co-accused Nandan Yadav resorted fire on the hand of the brother of the informant whereas Abdhesh Yadav @ Avdesh Yadav (present petitioner)

Patna High Court CR. MISC. No.65282 of 2024(2) dt.04-12-2024 2/3 shot on his mouth, as a result of which, the brother of the informant died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that case diary is necessary to look into the entire material. In fact, the petitioner has been implicated in this case falsely. He is in custody since 12.05.2024 and is accused in two more criminal cases.

5. Learned counsel for the State opposes the prayer for bail and submits that there is direct allegation against the petitioner.

6. Learned counsel for the informant submits that there is direct allegation against the petitioner is that he shot in the mouth of the brother of the informant due to which he died.

7. Upon specific query from the counsel for the petitioner whether the charge has been framed or not, learned counsel for the petitioner submits that he is not aware about the fact whether the charge has been framed or not.

8. In the light of the submissions made by the learned counsel for the parties and upon perusal of records, it appears that there is direct allegation against the petitioner to shot on the mouth of the brother of the informant due to which he died, this

Patna High Court CR. MISC. No.65282 of 2024(2) dt.04-12-2024 3/3 Court is not inclined to grant privilege of bail to the petitioner.

9. Accordingly, the prayer for regular bail of the petitioner in connection with Sheikhpura P.S. Case No. 192 of 2023, pending before the learned C.J.M., Sheikhpura is hereby rejected.

10. However, the Trial Court is directed to expedite the trial considering the nature of the allegation levelled against the present petitioner.

(Dr. Anshuman, J) Ashwini/- U T