Ram Babu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85261 of 2024 Arising Out of PS. Case No.-170 Year-2024 Thana- BENIPATTI District- Madhubani ====================================================== Ram Babu Yadav S/o Ram Narayan Yadav, R/o Village- Kachhara, Hardiya Tol, Ward No. 5, P.S- Benipatti, Distt.- Madhubani. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. N.K. Agarwal, Sr. Advocate For the State :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Benipatti P.S. Case No. 170 of 2024, dated 20.07.2024 registered for the offences punishable under Section 103 read with Section 3(5) of the Bharatiya Nyay Sanhita and under Section 27 of the Arms Act.

3. As per the prosecution case, on 18.07.2024 the informant received information that his brother was shot by unknown miscreants near Matha More and when he reached there, he found his brother in a pool of blood besides his Apache bike, who was later declared dead by the doctor.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.85261 of 2024(3) dt.24-03-2025 2/2 this case merely on the basis of suspicion. The petitioner has one criminal antecedent as stated in paragraph no. 3 of the bail petition. The petitioner is in custody since 26.08.2024.

5. Learned A.P.P. for the State on the basis of materials available on record and case diary has vehemently opposed the bail petition of the petitioner and submitted that it has come in the paragraph no. 36 of the case diary that CDR location of the petitioner on 18.07.2024 from 19:28 to 23:04 was near the place of occurrence where the deceased was shot.

6. Considering the aforesaid facts and circumstances of the case as well as finding no merit in the contentions of learned counsel for the petitioner and the heinous nature of allegation against the petitioner, I am not inclined to enlarge the petitioner above-named on bail.

7. Learned Trial Court is directed to expedite the trial and conclude the same preferably within a period of 9 months.

8. The application stands rejected.

(Chandra Prakash Singh, J) Shahnawaz/- U T