Binesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35718 of 2018 Arising Out of PS.Case No. -24 Year- 2017 Thana -PALI District- JEHANABAD ======================================================

1. Binesh Yadav Son of Lalan Yadav Resident of Village - Saidabad, P.S. Pali, District Jehanabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar, Advocate For the Opposite Party/s : Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-08-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Pali P.S. Case No.24 of 2017, a case under Sections 307/302/120B of the Indian Penal Code and Section 27 of the Arms Act, pending in the Court of Mr. Parnav Kumar, learned Judicial Magistrate, 1st Class, Jehanabad.

Allegation is that the petitioner first fired at his fullbrother, who is informant of this case, with intent to commit his murder. When the informant started fleeing, the petitioner fired at the wife of the informant, who died as a result whereof. Mother of the petitioner has also supported the aforesaid allegation as eyewitness of the occurrence. Petitioner is in custody since

Patna High Court Cr.Misc. No.35718 of 2018 (4) dt.21-08-2018 P2/ 24.11.2017.

Considering the nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail is refused. The learned trial Court is directed to expedite the trial as it has been informed that prosecution is already going on.

(Birendra Kumar, J) Mkr./- U T