IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.14858 of 2010
GANGA PRASAD YADAV, SON OF LATE KANAK LAL YADAV
Versus
THE STATE OF BIHAR
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3. 29.06.2010 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Sections 147, 148, 149, 302, 427, 379 of the
Indian Penal Code and Section 27 of the Arms Act.
Allegation against the petitioner in the First
Information Report is that six accused persons came on two
motorcycles and thereafter the petitioner is said to have fired
firstly on the chest of the deceased and, thereafter, the co-
accused Rameshwar Yadav is said to have fired and rest of the
accused persons fired on the deceased.
The submission is that some witnesses stated that in
fact, there was cross firing between the parties and in the
transaction, the deceased had sustained injuries and in fact, the
petitioner was in Deoghar at that relevant time, the plea of alibi
was verified by the Investigating Officer, found true, and
petitioner was not charge sheeted initially. However, on perusal
of the case diary, it appears that there is some interpolation
even in the carbon copy of the case diary obviously with an
intent to support the fact that there was cross firing between the
parties and the plea of alibi was verified six months later and
there is absolutely nothing on record to show as to what was
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the ailment that had afflicted the petitioner while he was in
Deoghar at that relevant time.
In view of such, I am not inclined to grant bail to the
petitioner.
The prayer for bail is rejected.
The trial court is directed to immediately commit the
case to the court of Session so that there is not further delay in
the trial.
( Anjana Prakash, J.)
S.Ali