Ashish Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5824 of 2023 Arising Out of PS. Case No.-80 Year-2020 Thana- RAHUI District- Nalanda ====================================================== Ashish Yadav Son Of Hari Yadav Resident Of Village- Nijay Bigha, P.S.- Rahui, District- Nalanda ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satya Prakash For the Opposite Party/s :
Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code and Section 27 of Arms Act.
The prosecution case in nutshell is that while the informant was feeding her animals, petitioner along with co-accused persons, variously armed, came at the
Patna High Court CR. MISC. No.5824 of 2023(3) dt.02-05-2023 2/3 house of informant and started abusing. On protest, petitioner opened fire at the husband of informant, due to which he sustained gun shot injury over his head. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. There is admitted land dispute between the parties. Police has not found any sign of blood on the place of occurrence. Moreover, the Petitioner is in judicial custody since 29.06.2022.
Learned APP appearing on behalf of the State vehemently opposed the prayer of the petitioner and submitted that there is direct allegation of shot fire against the petitioner, due to which informant's husband sustained gun shot injury on his head, which is vital part of the body. Injury report of the informant's husband corroborated with the prosecution version of the case. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and,
Patna High Court CR. MISC. No.5824 of 2023(3) dt.02-05-2023 3/3 as such, his prayer for bail stands rejected. Learned trial court is directed to expedite the trial and conclude the same as early as possible. (Sunil Kumar Panwar, J) Nirajkrs/- U T