The High Court of Patna rejected a bail application under Sections 302, 34 IPC read with Section 27 Arms Act. The petitioner, found accompanied the accused who committed the murder and having criminal antecedents, was held an unfit candidate for bail.
Bail application rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.72802 of 2023
Arising Out of PS. Case No.-2 Year-2023 Thana- KURSAILA District- Katihar
======================================================
TATULI YADAV son of Bilo Yadav @ Vilo Yadav village- Karoti Tintenga Ps- Gopalpur Dist- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Rajendra Prasad Sah, Advocate For the Opposite Party/s : Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
2 09-11-2023 Heard learned counsel for the petitioner and
learned APP for the State.
This application for grant of regular bail in connection with S.T. No. 481 of 2023 arising out of Kursela P.S. Case No. 02 of 2023 registered for the offence punishable under Sections 302, 34 of the Indian Penal Code read with Sections 27 of the Arms Act.
One accused, namely, Sumit Yadav along with other criminals raided the land of the petitioner and they all were armed. Sumit Yadav fired which hit the deceased. The petitioner has been found to be one of the persons accompanied Sumit Yadav. The petitioner is in custody since 07.06.2023. The petitioner has criminals antecedents. It appears that the petitioner is a known criminal of that area involved in these
Patna High Court CR. MISC. No.72802 of 2023(2) dt.09-11-2023 2/2
kinds of crimes and he has participated in killing the deceased.
In view of the aforesaid fact, this Court is not inclined
to grant bail to the petitioner.
Accordingly, the prayer of bail of the petitioner is
rejected herewith.
(Sandeep Kumar, J)
Harsh/
U T
1 issue framed by the court
Whether bail should be granted to an accused with criminal antecedents accused in a murder and arms violation case.
2 provisions across 2 enactments
Tatuli Yadav
The State of Bihar
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
