Ajay Yadav @ Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1482 of 2022 Arising Out of PS. Case No.-216 Year-2021 Thana- BODHGAYA District- Gaya ====================================================== Ajay Yadav @ Ajay Kumar Son of Ganga Yadav Resident of Village - Dirawan, P.S.- Cherki, Distt.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar No2 For the Opposite Party/s :
Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-04-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in Bodhgaya (Cherki OP) P.S. Case No. 216 of 2021, registered for the offence punishable under Sections 328, 302 and 34 of the Indian Penal Code. As per the FIR, this petitioner is alleged to have administered poison to the informant's son Mahesh Kumar who during course of treatment died.
It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case due to land dispute between the parties. It is submitted that during course of investigation, the Investigating Officer has also seized mobile phone of the deceased and in para 14 of the case diary it has come that deceased committed suicide. At the time of
Patna High Court CR. MISC. No.1482 of 2022(3) dt.28-04-2022 2/2 committing suicide the deceased himself recorded his statement regarding committal of suicide and also stated that because of land dispute with petitioner he committed suicide. Petitioner is in custody since 26.09.2021 having no criminal antecedent. Learned APP however, vehemently opposed the prayer for bail.
Considering the rival submission and materials available on record, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T