IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.6183 of 2011
Arvind Kumar @ Arvind Yadav
Versus
The State Of Bihar
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03/ 19.07.2011 Heard learned counsel for the petitioner as well as learned
Addl. P.P. for the State.
Petitioner is the main assailant in a case which had occurred
on 22.3.2006 and it has specifically been stated that he opened fire
from rifle which caused fire arms injury on the chest of the
informant’s son namely, Sagar Yadav as a result of which he died then
and there.
Submission of learned counsel for the petitioner is that, as a
matter of fact, childish quarrel took place and in the aforesaid quarrel
persons from both sides sustained injuries It is further contended by
her that if the prosecution story assumed to be true, then also, first
information report demonstrates that there was no intention of the
petitioner to commit murder of any person and that was the reason it
was not stated in the first information report as to whom petitioner
aimed to kill. It is further pointed out by her that in the aforesaid
occurrence one Tuntun Yadav sustained injury on his head and now
he has become paralytic. It is also pointed out by her that wife of the
aforesaid Tuntun Yadav lodged Harnaut P.S. Case no. 75/2006 against
the prosecution party.
Taking into consideration the above stated submissions as
well as materials available on the case diary, particularly, keeping in
mind the allegation levelled against the petitioner, I do not feel it
proper to release the petitioner on bail. Accordingly, his prayer for
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bail in connection with Harnaut P.S. case no.45/2006 pending in the
court of the Chief Judicial Magistrate, Nalanda stands rejected.
shahid (Hemant Kumar Srivastava,J)