Sipan Yadav vs The State Of Bihar on 2 December, 2020

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Patna High Court - Orders

Sipan Yadav vs The State Of Bihar on 2 December, 2020

Bench: Madhuresh Prasad

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29029 of 2020
                      Arising Out of PS. Case No.-127 Year-2019 Thana- PASRAHA District- Khagaria
                 ======================================================
                 SIPAN YADAV S/o Paras Yadav Resident of Village-Basua, P.S.-Pasraha,
                 District-Khagaria.

                                                                                     ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bishweshwar Ram, Advocate
                 For the Opposite Party/s :       Mr.Ram Chandra Singh, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD
                                       ORAL ORDER

3   02-12-2020

As of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through Video Conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.

Mr. Ram Chandra Singh, APP is appearing for the State as it is submitted that the brief has been allotted to him by the office of Advocate General.

Heard learned Counsel for the petitioner and the learned Counsel for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner seeks bail in Pasraha PS Case No. 127 of 2019 registered under Sections 147, 148, 149, 160, 302, 307, 326, 386 of the IPC and Section 27(i) of the Arms Act. Patna High Court CR. MISC. No.29029 of 2020(3) dt.02-12-2020 2/2 The allegation is of indiscriminate firing by the gang of one Sugan Yadav. The petitioner is said to be member of the said gang.

It is submitted by learned Counsel for the petitioner that fatal fire arm injury is attributed to Sugan Yadav. Against the petitioner there is general and omnibus allegation of indiscriminate firing and the petitioner is now in custody since 10.6.2020.

Learned APP has opposed the prayer for bail. It is submitted that the petitioner is already having three criminal antecedents. The allegation is that he is a member of the gang which has murdered the victim. Co-accused persons along with the petitioner have committed the offence and in such circumstances release of the petitioner at this stage would not be in the interest of justice.

Considering the rival submissions, this Court for the present is not inclined to allow the prayer for bail. The same is rejected.

(Madhuresh Prasad, J) SNkumar/-

U     T

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Patna High Court - Orders