IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.159 of 2010 BHAGAR YADAV S/O Late Durga Yadav, R/O vill- Baluwa Rampurawa, P.S. Bairiya, Distt-West Champaran Versus THE STATE OF BIHAR ----------- 03 15-03-2010 Heard Mr. A.K.Sharma, learned counsel for the petitioner, and the learned A.P.P. for the State. The petitioner, who is in custody in connection with Jogapatti P.S. Case No.89 of 2005 for offences under Sections 302, 201 and 120B/34 of the Indian Penal Code and 27 of the Arms Act, has prayed for grant of bail. Learned counsel for the petitioner while pressing this bail petition submits that in this case, case diary was called for and even on perusal of the case diary, it is evident that the petitioner has been made accused only on suspicion and except suspicion, there is nothing against him. He further submits that two co-accused persons, namely, Gambha Yadav and Ramakant Yadav have already been granted bail by this Court by order dated 4.3.2009 passed in Cr.Misc.No.3347 of 2009 and Cr. Misc.No.8729 of 2009 ( Annexure-2 to this petition). He further submits that even during the investigation some of the witnesses have stated - 2 - that it was Ramakant Yadav who had taken the deceased from the house of Gambha Yadav, where the deceased, being proprietor of Orchestra party, had come for demonstration of the programme. Learned counsel for the State opposes the prayer for bail and submits that from the case diary and materials available on the record, it is evident that the petitioner was involved in the crime. This petitioner is a notorious veteran criminal and involved in number of cases relating to serious offences. In view of the facts and circumstances mentioned herein above, particularly in view of his criminal conduct, I am not inclined to grant the privilege of bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected. NKS/- ( Rakesh Kumar, J)