Patna High Court - Orders
Kundan Yadav @ Kundan Kumar Yadav vs The State Of Bihar on 31 January, 2023
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35223 of 2022
Arising Out of PS. Case No.-10 Year-2021 Thana- BARHARA KOTHI District- Purnia
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KUNDAN YADAV @ KUNDAN KUMAR YADAV S/o Kumud Kumar
Yadav Resident of Village- Mouzampatti, P.S.- Barharakothi, Districct-
Purnea.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Rajnish Kumar Singh, Advocate
For the Opposite Party/s : Mr.Yogendra Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 31-01-2023Heard Mr. Rajnish Kumar Singh, learned counsel for the petitioner as also the learned APP.
The petitioner is apprehending arrest in connection with Barhara (Raghubansh Nagar) P.S. Case No. 10 of 2021 under sections 147, 148, 149, 341, 342, 323, 307, 302, 120B of the Indian Penal Code and 27 of the Arms Act.
As per the prosecution story, the informant alleged in the FIR that when she alongwith her husband were returning home after getting their child administered Polio Drop, the accused persons including the petitioner herein intercepted and Patna High Court CR. MISC. No.35223 of 2022(3) dt.31-01-2023 2/3 further Akhilesh Yadav, Bhushan Yadav and Nityanand Yadav opened fire as a result whereof, her husband died at the spot.
Accordingly, the FIR.
Learned counsel for the petitioner submits that omnibus allegation is there against him of being member of unlawful assembly. The further submission is that according to the informant, the occurrence took place on 2.15 PM but according to the inquest report, the body reached at 1.15 and thus there is discrepancy with regard to time.
The learned APP opposes the prayer stating that allegation is there which resulted into death of the informant's husband and this alibi cannot be considered at the time of anticipatory bail.
Considering the kind of allegation that has been levelled in the FIR against the accused persons including the petitioner in which the unfortunate death of the husband of the informant took place in her presence, certainly this is not a fit case for grant of anticipatory bail which is accordingly rejected.
However, if the petitioner surrenders within four weeks from today, the learned Court shall take into account that the petitioner do not have criminal antecedent, was part of the unlawful assembly and the specific allegation is against three Patna High Court CR. MISC. No.35223 of 2022(3) dt.31-01-2023 3/3 aforesaid named accuseds and dispose it of expeditiously.
Before parting, the Court would like to record its word of appreciation for Mr. Rajnish Kumar Singh for the assistance rendered by him.
(Rajiv Roy, J) Ravi/-
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