Ravindra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66274 of 2022 Arising Out of PS. Case No.-520 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== Ravindra Yadav Son Of Ramdil Prasad R/V- Pisi, P.S- Bakhtiyarpur, DistPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Vaishnavi Singh For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Bakhtiarpur P.S. Case No. 520 of 2018 registered under sections 341, 323, 324, 307, 437 and 34 of the Indian Penal Code and Section 27 of the Arms Act. Further, after investigation, charge sheet has been submitted under Sections 341, 323, 337, 302, 504 and 34 of IPC and Section 27 of the Arms Act.

Allegation against the petitioner is that he made firing upon the informant's brother by rifle which hit on his head due to which he fell down and become unconscious and later on he died.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.66274 of 2022(3) dt.21-04-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. the alleged occurrence took place over a trivial dispute. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 03.01.2022. The application for bail is opposed by learned APP for the State and submitted that there is direct allegation of opening fire is against this petitioner. During investigation, several witnesses have supported the prosecution story. As per postmortem report, doctor opined cause of death is due to fire arm injury.

Having heard the learned counsel for the parties and considering the fact that there is direct allegation of opening fire upon the head of the deceased against the petitioner, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial court is directed to expedite the trial and conclude the same as early as possible.

(Sunil Kumar Panwar, J) sushma2203/- U T