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Patna High CourtCR. MISC./83192/2023bail rejected

Rajeev Yadav v. The State Of Bihar

2024-07-19Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83192 of 2023 Arising Out of PS. Case No.-278 Year-2022 Thana- NARPATGANJ District- Araria ====================================================== RAJEEV YADAV S/O- JOGDHAR YADAV @ YOGENDRA YADAV R/OVILLAGE- KUSHMAUL, P.S.- BHARGAMA, DIST.- ARARIA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For th Ms. Diksha Kumari, Adv. For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-07-2024

1. Heard Ms. Diksha Kumari, learned counsel for the petitioner and Mr. Ram Naresh Ray, learned APP for the State.

2. Petitioner seeks regular bail in connection with Narpatganj P.S. Case No. 278 of 2022 dated 16.06.2022 registered for the offence(s) punishable under section(s) 302, 120B read with 34 of the Indian Penal Code and under section 27 of Arms Act.

3. Ms. Diksha Kumari, learned counsel for the petitioner submits that the petitioner is resident of another village, he had no reason for committing the alleged occurrence of murder and attempt to murder, in fact from reading of the F.I.R. it is clearly apparent that the alleged occurrence is relating to indiscriminate firing and the same has not been attributed to the petitioner only as one other person, namely, Chandrasekhar

Patna High Court CR. MISC. No.83192 of 2023(7) dt.19-07-2024 2/2 Yadav is also said to have opened fire at the relevant time. It is further submitted that petitioner has been languishing in jail since 30.06.2023, though he has criminal antecedent of three cases but the said cases were registered for different kind of offences.

4. Learned APP appearing for the State opposes the bail prayer of the petitioner.

5. Considering the seriousness of allegation appearing against the petitioner from the F.I.R. which has been lodged with an allegation of firing in the marriage function of the informant which resulted in death of informant's wife and injuries to several others and there is sufficient material in the case diary to support the allegation levelled against the petitioner in the F.I.R., in my opinion, it is not a fit case for grant of bail to the petitioner. Accordingly, the bail prayer of the petitioner stands rejected.

(Shailendra Singh, J) Siddharthkr/- BKS U T