Petitioner challenged his remand in a shooting case involving death of the informant's brother. The learned Single Judge observed petitioner is a habitual offender with 11 pending cases, holding him ineligible for regular bail and dismissing the petition.
Regular bail on behalf of petitioner is dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45671 of 2017
Arising Out of PS.Case No. -118 Year- 2015 Thana -MADHEPUR District- MADHUBANI
| ====================================================== Bhim Yadav, son of Ram Chandra Yadav, resident of village Birpur, P.S. Madhepur, Distt - Madhubani. .... .... Petitioner Versus |
|---|
| The State of Bihar .... .... Opposite Party ====================================================== |
| Appearance : |
| For the Petitioner : Mr. Krishna Pd. Singh, Sr. Adv. For the Opposite Party/s : Mr. Hriday Narayan Harshit ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER |
2 20-09-2017 Heard Mr. Krishna Pd. Singh, learned Senior Advocate and Mr. Hriday Narayan Harshit, learned counsel for opposite party.
The case of the informant is that when he was returning from Madhepura market on motorcycle along with his brother Kailash Kumar Kaushal, he saw in the mirror of his motorcycle that two motorcyclists were chasing them. Thereafter, one of the said motorcyclist i.e. the petitioner herein started firing resulting in the brother of the informant receiving two bullet injuries on his back and on other parts of the body whereafter he fell down and died on the spot.
The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated on account of previous enmity between the parties.
Patna High Court Cr.Misc. No.45671 of 2017 (2) dt.20-09-2017
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I have perused the materials on record and find that serious accusation has been leveled against the petitioner i.e. killing the brother of the informant by shooting him. Apart from the seriousness of the allegation leveled against the petitioner, the petitioner appears to be a habitual offender and as many as 11 cases are pending against him pertaining to serious offences committed by him which is sufficient to disentitle the petitioner from grant of regular bail.
For the reasons mentioned hereinabove, I do not find the present case to be a fit case for grant of regular bail and hence, the petition for regular bail on behalf of petitioner is hereby, dismissed.
(Mohit Kumar Shah, J.)
rinkee/-
U T
1 issue framed by the court
Whether petitioner is entitled to regular bail considering the gravity of the accusation and his status as a habitual offender with 11 pending serious cases.
Bhim Yadav
The State of Bihar
MOHIT KUMAR SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
