Panchu Yadav @ Panchdeo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73360 of 2024 Arising Out of PS. Case No.-210 Year-2024 Thana- RAJAON District- Banka ====================================================== Panchu Yadav @ Panchdeo Kumar S/O Ram Yadav R/O Village- Khiddi, P.SRajoun, Distt.- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Giri, Adv.

For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Rajoun P.S. Case No. 210 of 2024 registered for the alleged offences under Sections 302/34 of the Indian Penal Code.

03. As per prosecution case, the petitioner murdered the son of the informant by assaulting him with an axe. The informant further alleged that 4-5 more persons were also involved in the said occurrence.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case and this fact is apparent form the FIR itself. The occurrence is stated to have taken place at 04:00 AM in the morning and it

Patna High Court CR. MISC. No.73360 of 2024(3) dt.18-01-2025 2/2 is not believable that the informant went at the place of occurrence and remained present at the time when the occurrence is said to have taken place and saw the assailants of his son. The informant does not appear to be an eye witness. Even during investigation, none of the witnesses stated about involvement of the petitioner in the alleged occurrence. The petitioner is in custody since 15.05.2024 and charge-sheet has been submitted. The petitioner has got no criminal history.

05. Learned APP for the State vehemently opposes the prayer for bail. Learned APP submits that there is specific allegation against the petitioner of killing the son of the informant.

06. Having regard to the facts and circumstances and nature of allegation, I do not think it is a fit case for grant of bail to the petitioner. Hence, the prayer for bail is rejected.

07. However, the learned trial court is directed to expedite the trial and conclude the same at the earliest. (Arun Kumar Jha, J) Ashish/- U T