Vikash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73526 of 2018 Arising Out of PS. Case No.-31 Year-2018 Thana- MADANPUR District- Aurangabad ====================================================== Vikash Yadav S/o Shree Lalu Yadav Resident of Village-Gospur,P.S. Madanpur,Distt.-Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-12-2018 The petitioner seeks regular bail in connection with Madanpur P.S. Case No. 31 of 2018, registered for offences punishable under Section 302 of the Indian Penal Code. Prosecution case is that on 03.02.2018 some cattle strayed into the field of informant and informant and his brother Rahul Kumar @ Pappu Kumar went there to drive the cattle away. Meanwhile accused persons including the petitioner came to the house of the informant and caught his brother Rahul Kumar @ Pappu Kumar and Vikash Yadav fired at him, causing his death.

It has been submitted on behalf of the petitioner that he has falsely been made accused in this case, as earlier to the occurrence, the petitioner has lodged a case against the

Patna High Court Cr.Misc. No.73526 of 2018(2) dt.14-12-2018 2/2 informant and others for assaulting him. In fact, the deceased died in some other manner. Further petitioner has no criminal antecedent and has been in custody since 13.04.2018. Learned counsel for the State opposed the prayer for bail on the ground that there is direct allegation against the petitioner is of firing on the brother of the informant causing his death.

Having heard both sides, considering the facts and circumstances, I am not inclined enlarge the petitioner on bail. This application is accordingly dismissed.

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