Upendra Yadav @ Upendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1905 of 2024 Arising Out of PS. Case No.-93 Year-2021 Thana- SATHI District- West Champaran ====================================================== Upendra Yadav @ Upendra Kumar, son of Thag Yadav, R/O village- Basant Pur, P.S.- Sathi Dist.- West Champaran ... ... Petitioner

Versus

The State Of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Akhileshwar Kumar Shrivastva, Advocate For the Opposite Party :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

This application for grant of regular bail arises out of Sathi P.S. Case No.93 of 2021 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 447, 427, 307, 302 and 504 of the Indian Penal Code and under Section 27 of the Arms Act.

3.

As per the F.I.R. two persons have been killed by the accused persons.

4.

It has been submitted by learned counsel for the petitioner that there is no specific allegation against the petitioner of killing any deceased.

5.

In a case of double murder if the petitioner has participated in the killing of the deceased and he is being

Patna High Court CR. MISC. No.1905 of 2024(2) dt.18-01-2024 2/2 prosecuted with the aid of Section 149 of the Cr.P.C. then the petitioner does not deserve bail even if some of the co-accused persons have been granted by, as has been argued by learned counsel for the petitioners.

6.

Considering the aforesaid facts, I am not inclined to grant the petitioner privilege of regular bail. Accordingly, this application is accordingly rejected. The trial court is directed to expedite the trial and conclude the same as early as possible.

(Sandeep Kumar, J) pawan/- U