Chandrashekhar Yadav @ Chandrashekhar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79377 of 2023 Arising Out of PS. Case No.-278 Year-2022 Thana- NARPATGANJ District- Araria ====================================================== CHANDRASHEKHAR YADAV @ CHANDRASHEKHAR SINGH Son of Late Hari Narayan Singh Resident of Village - Kushmaul, Near Thakurbari, P.S.- Bhargama, District - Araria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Sinha For the Opposite Party/s :
Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case instituted for the offence under Sections 302, 120B/34 of the Indian Penal Code.
3. As per allegation in the FIR, informant with his entire family has gone to attend a marriage function of his neighbour's daughter and on the alleged date of occurrence, petitioner and some other accused persons entered into the courtyard and started to terrorize the atmosphere by showing the fear of weapons and guns. Specific allegation against the petitioner and co-accused Rajiv Yadav fired
Patna High Court CR. MISC. No.79377 of 2023(3) dt.24-01-2024 2/3 towards Mandap with double garrel gun which hit to the informant's wife, namely, Shanti Devi and she died on way to hospital. Several other persons were also got injured and they were treated at hospital.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to previous enmity. He is innocent. General and omnibus allegation has been levelled against him. Petitioner is languishing in judicial custody since 3.5.2023.
5. The application for bail is opposed by learned APP for the State and submitted that there is direct allegation of firing against the petitioner and co-accused Rajiv Yadav due to which informant's wife succumbed to injuries. Postmortem report also shows cause of death due to fire arm injuries. During investigation, several witnesses have supported the prosecution story.
6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.
7. The trial court is directed to expedite and
Patna High Court CR. MISC. No.79377 of 2023(3) dt.24-01-2024 3/3 conclude the trial.
(Sunil Kumar Panwar, J) sushma/- U