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Accused Rocky Yadav[/caption]
The Supreme Court will on Friday hear the Bihar government's plea challenging the bail granted by Patna High Court to Rocky Yadav, accused of killing a young boy in a road rage case.
The bench of Chief Justice T.S. Thakur, Justice D.Y. Chandrachud and Justice L. Nageswar Rao scheduled the hearing of the Bihar government's petition for Friday after counsel Gopal Singh on Monday mentioned it for an early hearing.
Also Read: Bihar Govt To Challenge Rocky Yadav’s Bail In Supreme Court
Seeking the cancellation of bail granted to Rocky Yadav by the high court on October 19, the Bihar government, in its petition, has contended that "he has shot dead a young boy on the highway because he could not tolerate a small Swift car overtaking his big and imported Land Rover".
Rocky Yadav alias Rakesh Ranjan Yadav was arrested on May 11, 2016.
He holds a certificate of "Renowned Shooter" from the National Rifle Association of India.
While granting bail to Rocky Yadav, the high court noted that co-accused Rajesh Kumar has already been granted bail.
The petitions said that while granting bail to Rocky Yadav, the high court "conveniently" ignored the "vital fact" that the bail has been granted to the co-accused only on the ground that Rocky, and not him, is the main accused.
Describing the grant of bail as complete miscarriage of justice, the Bihar government has contended that "if this is not set right, public confidence in the criminal justice system would suffer".
The Bihar government's petition further says that the high court has considered "irrelevant grounds", and that too "incorrectly", while granting bail to Rocky Yadav within six months.
The petition says that the high court ignored factors like "nature and gravity" of the offence, manner of its commissioning, severity of the punishment he would be given if convicted, "character, position/status of his family", threats, intimidation and coercion of the prosecution witnesses and the family of the victims, and the capacity of the offender to tamper with evidence.
The petition maintains that Rocky Yadav would be sentenced to death, if the offence under Section 27 of Arms Act is established against him.
Pointing out that his mother is a sitting member of the Bihar Legislative Council and is herself facing criminal prosecution, the petition said his father also has several criminal cases lodged against him.
Rocky Yadav is "intoxicated with an assumed sense of power and clout", adds the petition.