IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.31972 of 2009
JAWAHAR YADAV, son of Umeshwar Yadav, resident of village -
Lokmanpaur, P.S. Kharik, District - Bhagalpur
Versus
STATE OF BIHAR
with
Cr.Misc. No.9000 of 2010
ARUN RAI, son of late Nage Rai, resident of village - Balu Tola
Sihkund, P.S. Kharik, District - Bhagalpur.
Versus
STATE OF BIHAR
-----------
05. 7.7.2010 Prayer of the petitioners had earlier been rejected vide order
dated 21.5.2009. Submission of the counsel is that the reason why they
have moved again is because of yet another accused having been
granted bail vide order contained in annexure-3.
There is a discussion that in absence of any specific
allegation as to who fired, that accused was enlarged on bail. Case of
the petitioner is similar if not identical.
This Court has certain reservation in agreeing with the
observation contained in annexure-3 in view of the facts which emerge
in investigation. There is one dead person with three bullet injuries and
two other women folk of the house also carry bullet injuries. Obviously,
so many bullets cannot be fired from one gun. Therefore, the allegation
that many people came armed with an intent to commit murder is borne
out.
Submission of the senior counsel that in absence of specific
allegation as to who fired at whom, the accusation should be treated as
bald and omnibus.
This Court is not sitting in trial. Therefore, it is not required
2
to investigate the crime in such detail. The trial court will do its job.
So far as allegation against the petitioners is concerned, it is serious
enough and does not merit grant of bail.
The prayer for bail is rejected.
rkp ( Ajay Kumar Tripathi, J.)