Patna High CourtCR. MISC./3597/2019rejected

Sadhu Yadav v. The State Of Bihar

2019-04-16Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3597 of 2019 Arising Out of PS. Case No.-112 Year-2018 Thana- MAHISHI District- Saharsa ====================================================== Sadhu Yadav, Male, aged about 35 years, Son of Satto Yadav Resident of Village- Dhanoja, P.S.- Mahishi and District - Saharsa ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Diwakar Prasad Singh,Adv For the Opposite Party/s :

Mr.Ganesh Prasad Singh,App ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 307, 324, 302, 129(b) of the Indian Penal Code and 27 of Arms Act.

Allegation against the petitioner is of commission of firearm injury. Petitioner is in custody since 18.07.2018. Petitioner has got criminal antecedent. Though in paragraph-3 of the bail petition, the petitioner stated that he has got no criminal antecedent at all, however, after going through the case diary, this Court pointed out by order dated 28.03.2019, then petitioner filed supplementary affidavit disclosing two of the criminal antecedents, whereas the FIR produced by the

Patna High Court CR. MISC. No.3597 of 2019(5) dt.16-04-2019 2/2 informant would reveal that petitioner is accused in Bakhtiyarpur P.S.Case No.230 of 2007, Complaint Case No.1277 of 2005 and Bakhtiyarpyur P.S.Case No.86 of 2006. Considering the entire facts, I am not inclined to enlarge the petitioner on bail in connection with Maheshi P.S.Case No.112 of 2018 pending in the court of learned S.D.J.M., Saharsa. Hence, prayer is refused.

Learned Trial Court is directed to expedite the trial and conclude the same preferably within six months, failing which the petitioner may renew prayer for bail before the learned court below itself.

(Birendra Kumar, J) Nitesh/- U T