Nepali Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76149 of 2019 Arising Out of PS. Case No.-342 Year-2016 Thana- BELHAR District- Banka ====================================================== NEPALI YADAV Son of Late Gurucharan Yadav Resident of Village - Bela, P.S.- Belhar, District- Banka ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Belhar P.S. Case No. 342 of 2016 instituted for the offences under Sections 302/34 of the Indian Penal Code.

The prosecution case in short is that while the informant along with his uncle and Dilip Yadav was going to visit a fair, the accused persons, variously armed, came and fired due to which they all fled away. The informant suspects that the accused persons including the petitioner had killed Dilip Yadav.

Patna High Court CR. MISC. No.76149 of 2019(4) dt.09-09-2020 2/3 It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.12.2018. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has been named in the F.I.R. due to previous enmity with the informant. Number of cases are pending between them. The deceased died due to another incident. The prosecution taking advantage of the same, said to have implicated the petitioner in the present case. The informant claims to be the eye witness of the occurrence. The occurrence is said to have taken place at 12.30 a.m. at night in a remote area. The source of identification has not been disclosed by the prosecution which doubts the entire prosecution case.

The postmortem report indicates the time of death of the deceased to be 14-20 hours. This suggests that the death had taken place much prior to the time of occurrence as indicated in the F.I.R. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The specific allegation has been made against the petitioner for causing fire arm injury upon the deceased. The post-mortem report corroborates with the allegations made in the F.I.R.. The petitioner is alleged to be the assailant.

Patna High Court CR. MISC. No.76149 of 2019(4) dt.09-09-2020 3/3 Considering the same, I am not inclined to grant bail to the petitioner. The prayer is rejected. The Trial Court is directed to take all necessary steps to conclude the trial preferably within nine months from the date of receipt/production of a copy of this order.

(Sudhir Singh, J) Pankaj/- U T