In a criminal miscellaneous matter arising from an IPC Section 302 case, the Patna High Court rejected the bail application of the petitioner. The Court noted the petitioner's criminal antecedents and refused bail, directing the trial court to expedite proceedings.
Bail rejected; Trial Court directed to expedite trial.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20010 of 2022
Arising Out of PS. Case No.-873 Year-2020 Thana- SUPAUL District- Supaul
======================================================
SHAMBHU YADAV S/o Siyaram Yadav Resident of Muhalla- Supaul Nagarparishad Ward No. 28., P.S. and Distt.- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar Jha, Advocate For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 06-05-2022
Heard learned counsel for the parties through video conferencing in view of COVID -19.
The matter relates to Supaul P.S. Case No. 873 of 2020 lodged on 24.12.2020 under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
The informant in the FIR stated that on 24.12.2020, accused Siyaram Yadav along with his three sons namely, Vidyanand Yadav, Shambhu Yadav, Raj Kumar Yadav and some unknown persons armed variously came to his door and injured his son Lalit Chandra Yadav who subsequently succumbed to his injury. The FIR, further, states that the deceased before his death also told the informant and his family members about the aforesaid accused persons and his three sons.
In view of the fact that specific allegation has been
Patna High Court CR. MISC. No.20010 of 2022(3) dt.06-05-2022 2/2
made against this petitioner beside Vidyanand Yadav and Raj Kumar Yadav of opening fire and killing the informant’s son Lalit Chand Yadav and also the fact that the petitioner herein has criminal antecedent vide Supaul P.S. Case No. 313 of 2019, this Court for the present is not inclined to grant him any relief.
The bail application of the petitioner is hereby rejected.
The Trial Court is directed to expedite the trial and take the same to its logical conclusion at an earliest.
(Rajiv Roy, J)
Jagdish/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner given his criminal antecedents and the serious nature of the offence?
Shambhu Yadav
The State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
