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Patna High CourtCR. MISC./26808/2018rejected

Bharat Yadav v. The State Of Bihar

2018-07-09Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26808 of 2018 Arising Out of PS.Case No. -137 Year- 2017 Thana -SATHI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Bharat Yadav, son of Late Kedar Yadav, resident of Village- Satwaria, Police Station- Sathi, District- West Champaran at Bettiah. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s : Mr. Sri Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-07-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Sathi PS case no. 137 of 2017 instituted for the offence punishable under Sections 341, 342, 323, 302, 120(B)/34 of Indian Penal Code.

The allegation is regarding gruesome murder of the son of the informant by the accused persons in their house and subsequently, the dead body has also been recovered from the house of the accused persons including the petitioner. The learned counsel for the petitioner submits that there is general and omnibus allegation against the petitioner and one of the co-accused namely Ranju Devi has been granted bail by

Patna High Court Cr.Misc. No.26808 of 2018 (3) dt.09-07-2018 2/2 a co-ordinate Bench of this Court. It is further submitted that the petitioner is languishing in custody since 20.09.2017. Per contra, the learned counsel for the informant as well as the learned APP for the State have vehemently opposed the prayer for bail and has submitted that the case of Ranju Devi stands on a different footing and that is why the prayer for bail made by one similarly situated co-accused person namely Janak Yadav has been rejected by this Court by an order dated 03.05.2018 passed in Cr.Misc. no. 26676 of 2018. Having regard to the facts and circumstances of the case as also the fact that the prayer of the bail of the similarly situated co-accused person has been rejected and moreover there being ample materials as well eye-witnesses to connect the petitioner with the alleged occurrence, I do not find any merit in the present petition and the same is hereby, rejected. (Mohit Kumar Shah, J) rinkee/- U T