Ashok Yadav @ Mukesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5614 of 2019 Arising Out of PS. Case No.-171 Year-2019 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== ASHOK YADAV @ MUKESH YADAV Son of Ram Swaroop Yadav Resident of Village - Dubhal, Tola Belahi, P.S.- Magadh Medical, Distt - Gaya.

... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sanjeev Kumar For the Respondent/s :

Ms.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-12-2019 Appellant seeks bail in connection with Magadh Medical P.S.Case No. 171 of 2019 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 3 (i)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

As per FIR there is allegation against the appellant that he along with others dragged the deceased and drown him in the pond.

Submission of learned counsel for the appellant is that he has falsely been implicated and during investigation it has come that deceased was in drunken condition and he fell down in the pond, due to which he died and appellant is in custody since 19.9.2019.

Patna High Court CR. APP (SJ) No.5614 of 2019(2) dt.20-12-2019 2/2 Heard learned Special P.P., who has opposed the prayer for bail of the appellant on the ground that materials have come in the case diary against the appellant which will appear from the impugned order.

Having heard both sides and in the facts and circumstances, as stated above, I am not inclined to grant bail to the appellant at this stage.

Accordingly, this appeal is dismissed.

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