Golden Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88358 of 2024 Arising Out of PS. Case No.-71 Year-2024 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa ====================================================== GOLDEN YADAV S/o Sashi Yadav R/o village- Gosai Tola Mohanpur, P.S .- Simri Bakhtiyarpur, (Balwahat O.P), Distt.- Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-03-2025 Heard Mr. Arun Kumar Sinha, learned counsel for the petitioner and Mr. Abhay Kumar, learned APP for the State.
2. The petitioner is in custody in connection with Bakhtiyarpur P.S. Case No. 71 of 2024 for the offence punishable under Sections 302, 201, 120B of the Indian Penal Code and 27 of the Arms Act lodged on 20.02.2024 by the informant, Saroj Paswan.
3. As per the prosecution story, the informant (chowkidar) informed that while moving in the orchard of Late Shyam Sundar Singh, found a person dead. Accordingly, Bakhtiyarpur P.S. Case No. 71 of 2024 was lodged. It came to the notice of the family of the deceased and they identified the body. Subsequently, the investigation started and arrived at the
Patna High Court CR. MISC. No.88358 of 2024(2) dt.03-03-2025 2/3 door of Saurav Kumar who gave the confession that the Prince Kumar was having issue with the deceased inasmuch as he had opened fire causing injury to him. He accordingly made a plan along with his friends, Saurav, included, Satish and this petitioner, the deceased was taken to the place, they consumed 'Ganja' and, thereafter, while Saurav hit him on his head, Satish opened fire causing injury. Prince Kumar who had planned the entire conspiracy was regularly in touch and thereafter, directed Saurav to crush the SIM that has been used and leave the place.
4. Learned counsel for the petitioner submits that he is in custody since 18.06.2024 and is ready to diligently appear in trial.
5. Learned APP on the other hand has submitted that the role of the petitioner in the present case cannot be ignored as in course of the investigation, his name has cropped up as one of the accused who was responsible for the killing/death of the victim. He further submits that other co-accused have been denied bail in Cr. Misc. No. 73552 of 2024 (Saurabh Kumar).
6. Having gone through the facts of the case as also the materials on record and the role that has come against the petitioner which has also been recorded in the case of Prince Kumar (Cr. Misc. No. 61538 of 2024) that he alongwith
Patna High Court CR. MISC. No.88358 of 2024(2) dt.03-03-2025 3/3 Saurabh and Satish opened fire, for the present, this Court is not inclined to extend him the privilege of bail.
7. The bail application stands rejected.
(Rajiv Roy, J) Ravi/- U T