IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.75480 of 2024 Arising Out of PS. Case No.-24 Year-2023 Thana- NADI P.S. District- Bhagalpur ====================================================== Raja Yadav Son of Late Medo Yadav Resident of Village- Yadav Tola Jhandapur, P.S.- Bihpur, Dist.- Bhagalpur. ... ... Petitioner/s Versus The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Amrendra Kumar For the Opposite Party/s : Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 4 24-03-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302 and 1209 (B) of the Indian Penal Code and Section 27 of the Arms Act. 3. The case of the prosecution is that the son of the informant, namely, Ramsharan Yadav was having apprehension that Ashok Yadav along with his associate may kill him. On the date of occurrence, Ramsharan Yadav was sleeping at the ‘basa’ of ‘Mahanth’. It is further alleged that in the dead night Ashok Yadav sent Sujit Yadav, Raja Yadav, Sakla @ Sakaldeo Yadav and others to kill the son of the informant. 4. In this case, during investigation, it has come that Patna High Court CR. MISC. No.75480 of 2024(4) dt.24-03-2025 2/3 one Indrajeet Yadav was also sleeping with the deceased and the said Indrajeet Yadav has also given his statement before the police that he is the sole witness in this case. He has stated that on that night, they slept after having meals. After sometime, he heard the sound of firing and when he woke up, he saw that Sakaldeep Yadav and Raja Yadav were having countrymade pistol in their hand. Sujit Yadav was also having ‘lathi’ and Raja Yadav also fired at him but the fire missed. Ramsharan Yadav was caught his chest and saying that two fire arm injuries have been made to him. It is further alleged that Sakaldeo Yadav after snatching the ‘lathi’ from Sujit Yadav assaulted the son of the informant with ‘lathi’. As a result of which, Ramsharan Yadav fell down. 5. From perusal of the post-mortem report, it transpires that the deceased has received one entry wound and one exit wound on the middle of the chest. The offence was committed at the dead of night and the eye witness identified the accused persons on the place of occurrence with the weapon in their hands. 6. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that in Patna High Court CR. MISC. No.75480 of 2024(4) dt.24-03-2025 3/3 this case, informant is not the eye witness of the occurrence and he has named the accused persons merely on suspicion. Moreover, the petitioner is languishing in judicial custody since 13.05.2024. 7. Learned APP appearing for the state has opposed the prayer of regular bail. 8. Considering the aforesaid facts and circumstances of the case and the submissions put forward by the parties, I am not inclined to extend him the privilege of bail which is accordingly, rejected at this stage. 9.However, the petitioner will be at liberty to renew his prayer for bail after six months. Jagdish/- (Ashok Kumar Pandey, J) U T