Narad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9040 of 2023 Arising Out of PS. Case No.-253 Year-2021 Thana- ARA MUFFSIL District- Bhojpur ====================================================== NARAD YADAV S/O SHIV SHANKAR YADAV R/v- Salempur, P.S.- Ara Muffasil, District- Bhojpur, Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur :

Mrs. Vaishnavi Singh For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Ara Mufassil (Dhobha O.P.) P.S. case no. 253 of 2021 instituted for the offence under Sections 147, 148, 149, 307, 120(B) of the Indian Penal Code and Section 27 of the Arms Act. As per allegation in the FIR, in the morning of 19.9.2021 the petitioner along with other co-accused persons came on motorcycle and this petitioner pulled out his pistol and fired in the stomach of the informant as a result of which the informant sustained gunshot injury. It is further alleged that during course of this incident, other accused persons also fired upon the informant.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.9040 of 2023(4) dt.28-06-2023 2/2 petitioner is innocent and committed no offence. He has falsely been implicated in this case. It is further submitted that during course of the investigation, one of the witnesses stated a different story which create doubts upon the prosecution. Moreover, the petitioner is languishing in judicial custody since 17.8.2022.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted from perusal of FIR that there is direct allegation against this petitioner who fired upon the informant due to which he sustained injury. The medical report of the injured vide para 47 of the case diary, corroborates the prosecution story wherein doctor opined the nature of injury is grievous caused by firearm.

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, as such, his prayer for bail stands rejected.

The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Amandeep/- U T