Patna High CourtCR. MISC./2251/2024rejected

Rajesh Yadav v. The State Of Bihar

2024-07-19Mr. Justice Alok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2251 of 2024 Arising Out of PS. Case No.-209 Year-2023 Thana- BELHAR District- Banka ====================================================== Rajesh Yadav Son of Late Muso Yadav Resident of Village- Nemiya, Police Station- Belhar, District- Banka.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Diwakar : Mr.Deepak Kumar : Mr.Shivam Kumar : Mr.Sudhakar Ranjan : Mr.Sonu Kumar For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Belhar P.S. Case 209/2023, registered for the offence punishable under Sections 302, 307, 326, 504, 506, 34 of the Indian Penal Code and 27 of the Arms Act.

3. As per prosecution case, the petitioner is alleged to have fired upon the informant's husband which hit him on stomach as a result of which the informant's husband died.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in FIR and he has falsely been implicated in this case due to

Patna High Court CR. MISC. No.2251 of 2024(5) dt.19-07-2024 2/2 village politics. The petitioner is languishing in custody since 22.09.2023 and bears criminal antecedent of two cases.

5. The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner and submits that there is specific allegation of firing against the petitioner which hit the stomach of the informant's husband and postmortem report also supports that the death is caused by fire-arm injury.

6. Considering the facts and circumstances of the case, nature of allegation levelled against the petitioner coupled with postmortem report and material available on record, I am not inclined to grant bail to the petitioner. Hence, prayer for bail of the petitioner stands rejected.

7. However, the trial court is directed to expedite the trial as early as possible.

(Alok Kumar Pandey, J) amitkumar/- U T