Raushan Yadav @ Raushan Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84674 of 2023 Arising Out of PS. Case No.-416 Year-2022 Thana- BIRAUL District- Darbhanga ====================================================== Raushan Yadav @ Raushan Raj Son of Late Ramanand Yadav Resident of village - Belahi Chiraiya P S- Salkhua Dist - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Budhilal Yadav For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with K. Asthan P.S. Case No. 416 of 2022 registered for the offence under Sections 302, 120B, 34 of the Indian Penal Code and under Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner along with other accused persons is named in the FIR. The accused persons are said to have dragged the deceased namely Vinod Mukhiya and shot him in his head, eyes, chest, leg and hand.

4. Nine injuries have been found on the dead body of the deceased.

5. The petitioner is in jail since 13.09.2023.

Patna High Court CR. MISC. No.84674 of 2023(3) dt.19-03-2024 2/3

6. Learned counsel for the petitioner submits that the petitioner is witness in the murder of Rajendra Yadav and Ramanand Yadav and therefore he has falsely been implicated in this case and he stays at a distance of 130 Kms. from the village of the informant.

7. Learned counsel for the petitioner submits that wife of the petitioner has filed an application before the Superintendent of Police, Darbhanga and the I.O. of the case for putting the petitioner on T.I. Parade as she claims that the informant does not know the petitioner.

8. Learned APP for the State has vehemently opposed the application of the petitioner for grant of regular bail by contending that this is a case of brutal murder and the petitioner is one of the assailants of the deceased and the postmortem report also supports the prosecution case.

9. Since the petitioner has been named in the FIR as an assailant of the deceased, there is no occasion of putting him on T.I. Parade.

10. Considering the direct allegation against the petitioner of participating in a brutal murder of the deceased, this Court is not inclined to grant bail to the petitioner.

11. Accordingly, this application is dismissed.

Patna High Court CR. MISC. No.84674 of 2023(3) dt.19-03-2024 3/3

12. The Court below is directed to expedite the trial of the petitioner and conclude the same at the earliest. (Sandeep Kumar, J) Vikas/- U T