Ramashish Yadav v. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85385 of 2023 Arising Out of PS. Case No.-352 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Ramashish Yadav S/O Anandi Yadav Resident Of Village Kusumbha Tola Bagahiya Ps Sheikhpura Dist- Sheikhpura.

... ... Petitioner/s

Versus

State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prasad Singh For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner has prayed for bail in connection with Sheikhpura P.S. Case No. 352 of 2023 instituted for the offence under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner is that he fired upon the informant's husband on the order of one co-accused Dev Yadav due to which the informant's husband died. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this present case. There is inordinate delay of 36 hours in lodging the FIR. Moreover, the petitioner is languishing in judicial custody since 08.09.2023.

Patna High Court CR. MISC. No.85385 of 2023(3) dt.31-01-2024 2/2 Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail and submitted that the petitioner is named in FIR and there is specific allegation against the petitioner to fire upon the informant's husband due to which he died. From perusal of the postmortem report, doctor opined that the cause of death of the deceased is neurogenic shock due to firearm injury. Petitioner has four criminal antecedents and during investigation, witnesses supported the prosecution case.

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.

The trial court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Shubham/- U T