Bibhash Yadav @ Bivash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64661 of 2019 Arising Out of PS. Case No.-30 Year-2019 Thana- PARBATTA District- Bhagalpur ====================================================== BIBHASH YADAV @ BIVASH YADAV S/O Brahamdeo Yadav @ Brahmdev Yadav Resident of Village- Chharapatti (Jagatpur) Sahu Parbatta, P.S.- Parbatta, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Yadav For the Opposite Party/s :

Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Parbatta P.S. Case No. 30 of 2019 registered under sections 302, 201 and 34 of the I.P.C. pending in the Court of A.C.J.M.-III, Naugachia, Bhagalpur.

Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from the possession of the petitioner. Further submission is that petitioner is in custody since 16.05.2019.

Learned A.P.P. appearing on behalf of the State vehemently opposed the prayer of the petitioner by contending

Patna High Court CR. MISC. No.64661 of 2019(3) dt.18-12-2019 2/2 that the petitioner has used the mobile of the deceased in the alleged occurrence, as detailed in paragraph no. 36 of the case diary.

Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, this application is rejected.

(Arvind Srivastava, J) shailendra/- U T