Bail sought in a 2016 murder case alleging the petitioner and co-accused fired with an AK-47 killing Manoj Singh. Court noted specific overt act allegation and prior rejection of a co-accused's bail; declined bail and directed expedited trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31475 of 2023
Arising Out of PS. Case No.-29 Year-2016 Thana- DEV District- Aurangabad
======================================================
Umesh Yadav Son Of Late Karmdev Yadav Resident Of Village-Nakati, P.S.Deo, District-Aurangabad
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Priyanka Singh For the Opposite Party/s : Mr.Akhileshwar Dayal ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
6 05-12-2023
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner has prayed for bail in connection with Deo P.S. Case No. 29 of 2016 instituted for the offence under Sections 302, 147, 148, 149 and 120B of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of CLA Act.
Allegation against the petitioner along with other coaccused persons is that they came on bike and took out AK-47. It is further alleged that this petitioner along with one coaccused Suresh Yadav fired upon on Manoj Singh due to which he died. The accused persons were said to be extremist.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this present case. A statement has been made in para-3 of this petition that the
Patna High Court CR. MISC. No.31475 of 2023(6) dt.05-12-2023 2/2
petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 18.10.2022.
Learned APP appearing for the state has opposed the prayer of regular bail and submitted that there is specific overt act of firing against the petitioner to shot fire along with other co-accused upon the deceased, namely, Manoj Singh. It is further submitted that the bail petition of other co-accused person has already been rejected by another co-ordinate Bench of this Court vide order dated 17.03.2017 in Cr. Misc. No. 50017 of 2016.
Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.
The trial court is directed to expedite the trial and conclude the same as soon as possible.
(Sunil Kumar Panwar, J)
Shubham/-
U T
1 issue framed by the court
Whether the petitioner should be enlarged on bail in a murder case involving alleged firing with an AK-47 despite no criminal antecedents and prolonged custody.
4 provisions across 4 enactments
Umesh Yadav
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
