Krishnadeo Yadav @ Krishnadeo Prasad @ Mohan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8558 of 2019 Arising Out of PS. Case No.-177 Year-2018 Thana- KAKO District- Jehanabad ====================================================== KRISHNADEO YADAV @ KRISHNADEO PRASAD @ MOHAN Son of Late Ganauri Yadav R/o village- Kothiya , P.S- Kako.......... ... Petitioner/s
Versus
The State of Bihar............................................ ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Viveka Nand Singh For the Opposite Party/s :
Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-05-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 447, 307, 504/34 of the Indian Penal Code and Section 27 of the Arms Act. Over land dispute on the exhortation of Vishwanath Yadav and Arun Kumar, petitioner resorted firing on the stomach of the brother of the informant by means of pistol inflicting grievous injury to the victim.
It is submitted by the learned counsel for the petitioner that no such occurrence as alleged ever took place. Petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in this case due to land dispute and enmity. A number of litigations are pending between the parties. No blood was found on the place of occurrence. Petitioner has
Patna High Court CR. MISC. No.8558 of 2019(5) dt.22-05-2019 2/2 been languishing in judicial custody since 03.11.2018. Hence, petitioner be enlarged on bail.
Learned A.P.P. for the State vehemently opposed the bail petition of the petitioner and submitted that there is direction allegation of resorting firing in the stomach of the victim against the petitioner and doctor has found aforesaid injury as grievous in nature. All the witnesses in the case-diary have supported the occurrence.
Having regard to the facts and circumstances of the case, the Court is not inclined to enlarge the petitioner on bail. Accordingly, prayer for bail, is hereby rejected. However, learned Trial Court is directed to conclude the trial as expeditiously as possible preferably within nine months from the date of receipt/production of a copy of this order. The Superintended of Police, Jehanabad is directed to ensure production of the witnesses in the case on each and every date fixed without fail.
Let a copy of this order be sent through FAX to the Superintendent of Police, Jehanabad for needful. (Prakash Chandra Jaiswal, J) U T T.Kr./-