Sharma Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18563 of 2018 Arising Out of PS.Case No. -251 Year- 2017 Thana -RAHUI District- NALANDA (BIHARSHARIFF) ======================================================
1. Sharma Yadav, S/o Siya Sharan Yadav, Resident of Village- Musepur, Police Station- Rahui (Bhaganbigha), District- Nalanda. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned Additional Public Prosecutor for the State.
The petitioner has been in custody since 15.09.2017 in connection with Rahui (Bhagan Bigha) P.S. Case No. 251/2017 registered for the offences punishable under Sections 341/147/148 /149/324/302/201/34 of the Indian Penal Code. Diary in the present case was called for which has since been received.
Learned counsel for the petitioner submits that the petitioner has been taken into custody on mere suspicions and there is no material worth the name in the case diary to implicate him in connection with the present case.
However, learned counsel appearing on behalf of the
Patna High Court Cr.Misc. No.18563 of 2018 (3) dt.26-04-2018 2/2 informant has pointed out to several paragraphs of the case diary including paragraph No. 5 wherein one of the eye-witnesses has submitted that the petitioner along with others has participated in attacking the deceased and, thereafter, his body was found from a ditch where the petitioner's Gamcha was also recovered. Considering the fact that the bail application of one other similarly situated co-accsued whose Gamcha was also recovered from the ditch and the petitioner's case is identical to that as described by the independent witness in paragraph No. 35, I am not inclined to grant regular bail to this petitioner. It is accordingly rejected.
The petitioner may, however, renew his prayer for bail after framing of charge.
(Anjana Mishra, J) Saif/- U T