Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11249 of 2019 Arising Out of PS. Case No.-280 Year-2018 Thana- BIHPUR District- Bhagalpur ====================================================== Shankar Yadav, aged about 36 years, Male, S/o Kampany Yadav, Resident of Village-Ganoul, P.S-Bihpur (Bhawanipur),Distt- Bhagalpur ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-05-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 302, 506 of the Indian Penal Code and Section 27 of Arms Act. Petitioner is said to have opened fire causing firearm injury on the thigh of the deceased.

Submission on behalf of the petitioner is that the postmortem report does not support the above stated allegation as no injury was found on the thigh of the deceased and moreover, prosecution witnesses did not state about the firing made by the petitioner but I am not, at all, convinced with the above stated submission because para 2 of the case diary goes to

Patna High Court CR. MISC. No.11249 of 2019(3) dt.21-05-2019 2/2 show that before postmortem examination, when investigating officer prepared inquest report, he found injury on the thigh of the deceased and, therefore, considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail and, accordingly, his prayer for bail in connection with Bihpur (Bhawanipur) P. S. Case No. 280 of 2018 stands rejected.

(Hemant Kumar Srivastava, J) Rajeev Kumar/- U T