Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63819 of 2024 Arising Out of PS. Case No.-303 Year-2023 Thana- NAWANAGAR District- Buxar ====================================================== Sunil Yadav Son of Shivjee Yadav Resident of Village- Athar, PS- Nawanagar (Vasudeo OP), Distt.- Buxar ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ajit Kumar, Advocate For the Opposite Party :

Mr.Surendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-12-2024 Heard learned counsel for the parties.

2.Petitioner seeks regular bail in a case registered for the offence under Sections 147, 148, 149, 341, 323, 326, 307, 447, 448, 504 of the Indian Penal Code and Section 27 of Arms Act.

3. As per the F.I.R., this petitioner fired upon the chest of the brother of the informant as a result of which he sustained fire arms injury on the chest. Brother of the informant died during treatment.

4. It is submitted on behalf of the petitioner that as a matter of fact injured died five days after the alleged occurrence. From the perusal of the FIR, it appears that the victim had also been assaulted by other accused persons with iron rod due to which he had sustained injuries on the head and these injuries might have caused death. Petitioner has got clean antecedent and he is in custody since 1.8.2023.

5. Learned A.P.P. for the State has opposed the bail petition. He submits that the petitioner is named in the FIR with specific allegation that he fired shot causing injury on the chest of the brother of the informant due to which he died during

Patna High Court CR. MISC. No.63819 of 2024(3) dt.20-12-2024 2/2 treatment.

6. Considering the nature of accusation, prayer for bail of this petitioner is rejected.

(Prabhat Kumar Singh, J) Shashi U T