Kanhaiya Yadav @ Raman Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36914 of 2018 Arising Out of PS.Case No. -105 Year- 2016 Thana -BIHPUR District- BHAGALPUR ======================================================
1. Kanhaiya Yadav @ Raman Yadav,
2. Manikant Yadav, Both sons of Kamali Yadav,
3. Suman Yadav, Son of Subhash Yadav, All residents of Village- Salarpur, Police Station- Parbatta, DistrictKhagaria. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Dr. Amrendra Kumar, Advocate Ms. Sanjana, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-07-2018 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are in custody since 12.12.2017 in connection with Bihpur P.S. Case No.105 of 2016, corresponding to Sessions Trial No.276 of 2018, registered for the offence under Sections 147, 148, 149 and 302 of the Indian Penal Code and Section 27 of the Arms Act, which is pending in the court of the learned Additional District & Sessions JudgeII, Naugachia, District-Bhagalpur. Learned counsel for the petitioners submits that the main allegation is against one Luten Yadav and not against
Patna High Court Cr.Misc. No.36914 of 2018 (2) dt.17-07-2018 2/2 these petitioners.
However, it appears that the informant has stated that there was indiscriminate firing by all the accused persons, leading to the death of the brother of the informant. In view of such facts and circumstances and also because the bail application of similarly situated co-accused, namely, Viksh Yadav, who has also been named to be at the place of occurrence, has since been rejected by a Bench of this Court in Cr.Misc. No.32716 of 2017, vide order dated 21.08.2017, the prayer for bail of the present petitioners also stands rejected. However, the trial of the case may be expedited. (Anjana Mishra, J) PNM U T