Viram Yadav @ Beer Ram Yadav @ Beer Ram Singh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73156 of 2022 Arising Out of PS. Case No.-380 Year-2021 Thana- ARA NAGAR District- Bhojpur ====================================================== Viram Yadav @ Beer Ram Yadav @ Beer Ram Singh Yadav S/O Sita Ram Yadav R/O Village- Ebrahimpur, P.S- Ara Town, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar, Advocate For the Informant/s : Mr. Md. Ataul Haque, Advocate For the State :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-02-2023 Heard learned counsel for the petitioner, learned counsel for the Informant and learned APP for the State. Petitioner seeks regular bail in connection with Ara Nagar P.S. Case No. 380 of 2021 registered for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of Arms Act.
As per the prosecution, the informant's son was shot dead by this petitioner and co-accused Chhotu Yadav. The main submissions advanced by learned counsel Mr. Anil Kumar, appearing for the petitioner are that the informant who happens to be the father of the deceased, is not an eyewitness of the alleged occurrence of murder and during the investigation not a single witness claimed to have seen the
Patna High Court CR. MISC. No.73156 of 2022(2) dt.23-02-2023 2/3 alleged occurrence and the informant revealed the name of this petitioner on the basis of mere suspicion and he did not reveal the source by which he got the information about the petitioner, being one of the assailants and two co-accused persons namely, Jata Yadav and Dhanlal Yadav have been granted bail by different Benches of this Court vide orders passed in Cr. Misc. Nos.26963 of 2022 and 45585 of 2021 respectively. Further submission is that the informant has compromised this case and the petitioner has been languishing in jail since 16.10.2022. Learned APP Mr. Navin Kumar Pandey, appearing for the State as well as learned counsel Mr. Md.
Ataul Haque, appearing for the informant has vehemently opposed the prayer for bail and submitted that the petitioner is the main assailant and similarly situated co-accused namely, Chhotu Yadav who is also stated to be the main assailant, has been denied the regular bail by a co-ordinate Bench of this Court vide order dated 04.01.2023 passed in Cr. Misc. No. 12106 of 2022.
Patna High Court CR. MISC. No.73156 of 2022(2) dt.23-02-2023 3/3 Court the petitioner does not deserve to the privilege of bail. Accordingly, his prayer for bail stands rejected. (Shailendra Singh, J.) maynaz/- U T