IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45487 of 2008 Madho Yadav Son of Sheo Narayan Yadav, resident of Village- Raghunathpur, Police Station- Sahebpur Kamal District- Begusarai ----------- Petitioner Versus STATE OF BIHAR ----------- For the petitioner : Mrs. Anjana Prakash, Sr. Advocate,and Mr. Hare Krishna Prasad, Advocate For the State : Mr. C. Jawahar, A.P.P. For the informant : Mr. Ram Sumiran Rai, Advocate __________ O R D E R 5 06-05-2009 Petitioner Madho Yadav, one of the F.I.R. named accused of Sahebpur Kamal P.S. Case no.84 of 2006 is alleged to have gone to the house of the informant along with others with the intention to kill Jato Yadav, the nephew of the informant and when he could not be found, petitioner and Bilash Yadav are alleged to have fired at Lakhan Yadav, Jato’s father, which resulted in Lakhan’s death. The submission on behalf of the petitioner is of false implication in order to put pressure on them to give up their claim and possession over their lands and because of the pendency of Sessions Trial No.96 of 2005 (arising out of Sahebpur Kamal P.S. Case no. 96 of 2005) brought by co-accused Ram Bilash Yadav against Jato Yadav and others wherein a pressure was being put for compromise. These submissions unfortunately are the defence of the petitioner. Even otherwise, notwithstanding pendency of land related disputes the accused could not take the law in their own hands. That apart the fardbeyan was given soon after the occurrence wherein petitioner and Bilash are said to have fired. Two fire arm injuries with - 2 - charring on vital part of the body of the deceased is revealed in the postmortem report of the deceased. In the circumstances, I am not inclined to enlarge the petitioner on bail. His prayer for bail is accordingly rejected. NKS/- ( Abhijit Sinha, J )