The Patna High Court rejected the bail application of Thithar Yadav, an accused in a murder case. The petitioner appeared identified escaping while his co-conspirators were admitted to bail, and the evidence suggested he was seen with a firearm, justifying refusal of bail.
Bail prayer of the petitioner is rejected.
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Patna High Court Cr.Misc. No.48472 of 2013 (4) dt.03-02-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.48472 of 2013 ====================================================== 1. Thithar Yadav Son Of Parmeshwar Yadav Resident Of Village - Satghatta, P.S. Allouli, District - Khagaria .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shekhar Kumar Singh, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 4 03-02-2014 Heard learned counsel for the petitioner and learned APP for the State. Supplementary affidavit has been filed on behalf of the petitioner which has been taken on record. The petitioner is one of the named accused of the case registered under Sections 302, 120B/34 of the Indian Penal Code and section 27 of the Arms Act. Informant woke up after hearing the shot of firing and identified the petitioner and one Daso Yadav escaping. The informant’s son-in-law was found shot dead. Three more persons namely, Lalo Yadva, Suresh Yadav and Rajesh Yadav were also seen standing there to assist the petitioner and Daso Yadav. Submission is that the informant himself has not
Patna High Court Cr.Misc. No.48472 of 2013 (4) dt.03-02-2014
witnessed the occurrence and other persons who were present at the time of occurrence have stated that this petitioner and others including Lalo Yadav, Suresh Yadav and Rajesh Yadav were also seen escaping there and on that basis it has been submitted that the petitioner has merely been seen escaping and was not seen having any firearm. It has also been submitted that brother of the informant was present and he has also stated that the petitioner was seen along with others.
The occurrence is in two parts. In one part, the informant describes the manner wherein he has identified this petitioner and Daso Yadav escaping from the room and son-in-law was found shot dead. In second part other three persons have also been named. No doubt, others have been admitted to bail but case of the petitioner is on different footing from the case of those who have been admitted to bail.
Considering the above facts, presently, I am not inclined to grant him bail. Accordingly, prayer for bail of the petitioner is rejected in connection with Allauli P.S. Case No. 217 of 2012.
avin/-
(Shyam Kishore Sharma, J)
1 issue framed by the court
Whether to grant bail to Thithar Yadav based on the facts of the case.
Thithar Yadav
State of Bihar
Shyam Kishore Sharma
As recorded by the court registry
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