Patna High Court - Orders
Dinesh Yadav vs The State Of Bihar on 2 August, 2017
Author: Kishore Kumar Mandal
Bench: Kishore Kumar Mandal, Madhuresh Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (DB) No.844 of 2017
Arising Out of PS.Case No. -29 Year- 2010 Thana -GHOGHARDIHA District- MADHUBANI
======================================================
Dinesh Yadav S/o Ram Kripal Yadav, R/o Village- Nanaur Tola
Dumariyahi, P.S.- Rudrapur, District- Madhepura.
.... .... Appellant/s
Versus
The State of Bihar
.... .... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Birendra Kumar Singh
For the Respondent/s : Mr. Shashi Bala Verma
======================================================
CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR
MANDAL
And
HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL)
3 02-08-2017Heard the counsel for the appellant and the informant.
The appellant has been convicted under section 302 IPC for having caused the death of the deceased by gunshot injury.
It is submitted that there are several inconsistencies in the prosecution evidence. Land dispute between the parties is almost admitted. The appellant is in custody since 10.08.2010.
Counsel for the informant opposed the prayer. Looking to the allegation levelled against the appellant and the supporting evidence on record, we are not inclined to direct his release on bail. Prayer is accordingly rejected.
However, considering the fact that the appellant is in Patna High Court CR. APP (DB) No.844 of 2017 (3) dt.02-08-2017 2/2 custody for more than 06 years, we would grant liberty to the appellant to renew his prayer for bail if the appeal is not heard within one year.
Office shall take steps for preparation of the paper books and listing of the case as per seriatim.
(Kishore Kumar Mandal, J) (Madhuresh Prasad, J) HR/-
U T