IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19355 of 2011
Surendra Yadav
Versus
The State Of Bihar
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3. 17.10.2011 Petitioner is accused in Belhar (Khesar) P.S.
Case No. 94 of 2010 registered under Sections 302/34 of
the Indian Penal Code and 27 of the Arms Act in respect
to murder of father of the informant Ashok Yadav.
Learned counsel appearing on behalf of the
petitioner submits that the petitioner has been falsely
implicated in this case. In fact at the time of exchange of
hot talk with the informant Ashok Yadav, father of the
deceased, Sunil Yadav opened fire in which deceased
sustained injuries and died but the petitioner has been
falsely implicated in this case and he is in custody since
23.06.2010.
Learned A.P.P. submits that there is direct
allegation against the petitioner to shot fire on Sushil
Yadav resulting in his death who happens to be father of
the informant Ashok Yadav and witnesses in para-6, 7 and
8 of the case diary have supported the allegation.
There is direct allegation against the petitioner
Surendra Yadav to shot fire at the time of exchange of hot
talk to take water from a hand pump in which deceased
Sushil Yadav, father of the informant sustained injuries
and died.
Under the facts and circumstances of the
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aforesaid case, I do not feel inclined to allow bail to the
petitioner. Accordingly, prayer for bail of the petitioner is
rejected.
(Rajendra Kumar Mishra, J.)
Ravi/-