Satrudhan Yadav @ Satrudhan Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3985 of 2020 Arising Out of PS. Case No.-284 Year-1994 Thana- SUPAUL District- Supaul ====================================================== SATRUDHAN YADAV @ SATRUDHAN PRASAD YADAV Son of Kari Prasad Yadav Resident of Bishunpur, Tola Durgapur, P.S.- Supaul, Distt - Supaul at Present at village - Jajhat, Savaila, P.S.- Singheshwar, Distt - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-09-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Shri Ashok Kumar, learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Supaul P.S. Case No. 284 of 1994 for the offence registered under Sections 147, 148, 149, 324, 448, 380 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the petitioner is regarding him firing from the fire arm being held by him on the informant which has resulted in the informant being hit by gun shots on his right leg. It is further alleged that the accused persons including the petitioner herein had also assaulted the other members of the prosecution party

Patna High Court CR. MISC. No.3985 of 2020(7) dt.17-09-2020 2/2 and had committed loot as also taken away cash amount, ornaments, cloths etc.

The learned counsel for the petitioner has submitted that the petitioner is innocent and he has been falsely implicated in the present case as is also apparent from the supervision note annexed as Annexure-2 to the present petition. It is further submitted that the petitioner is aged about 70 years and is having a clean antecedent. Per contra, the learned A.P.P. for the State has submitted that the present case is an old case and FIR was lodged as far back as on 14.09.1994 and apparently the petitioner has been absconding since about 26 years.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the fact that the petitioner has got no regard for the process of law and has been absconding since about 26 years apart from the fact that he is also alleged to be the main assailant who had fired from his fire arm upon the informant resulting in the informant receiving fire arm injury in his leg, I do not find any merit in the present petition, hence the present petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/- U T