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Patna High CourtCR. MISC./82504/2019dismissed

Birendra Yadav v. The State Of Bihar

2020-02-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82504 of 2019 Arising Out of PS. Case No.-61 Year-2019 Thana- PALI District- Jehanabad ====================================================== BIRENDRA YADAV Son of Late Jagdish Yadav Resident of Village - Beldarichak, P.S.- Sigori, Distt - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-02-2020 Heard the parties.

This application is for grant of regular bail in connection with Pali P.S.Case No.61 of 2019 for the offences under Sections 302, 307, 326, 120(B) of the Indian Penal Code and Sections 3/5 of the Explosive Substance Act. As per the FIR, there was expulsion of bomb in the marriage of the informant causing death of one person and causing injuries to two persons and they also succumbed to the injuries later on. Petitioner is not named in the FIR but it appears that in his re-statement, the informant has taken his name, who exploded bombs. Apart from that three witnesses in their statement under Section 164 Cr.P.C. have disclosed the name of the petitioner.

Submission of the learned counsel for the

Patna High Court CR. MISC. No.82504 of 2019(4) dt.04-02-2020 2/2 petitioner is that he has been implicated due to previous enmity. He is in custody for six months.

Heard learned A.P.P. as well as the informant, who has opposed the prayer for bail stating that without any invitation he has come in the marriage ceremony and exploded the bomb causing death of three persons and his name has come in the re-statement of the informant on the very third day.. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner .

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T