Dilshaad Ali @ Dilshad Sain @ Chhote Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10190 of 2023 Arising Out of PS. Case No.-391 Year-2022 Thana- SIWAN CITY District- Siwan ====================================================== Dilshaad Ali @ Dilshad Sain @ Chhote Raja S/O Nauser Ali R/VMandrapali, P.S.- Pachrukhi, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Anupam For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 307/34 of the IPC and Section 27 of the Arms Act.

As per FIR, the allegation against the petitioner along with co-accused persons is that they fired upon the brother of the informant due to which his brother sustained severe injuries.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous enmity. It is further submitted that the petitioner is languishing in

Patna High Court CR. MISC. No.10190 of 2023(3) dt.09-05-2023 2/2 judicial custody since 14.10.2022.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that there is specific allegation of shot fire attributed against the petitioner along with co-accused Aftab due to which brother of the informant sustained injury which is mentioned in para 36 of the Case Diary. As per injury report, four injuries were sustained by the informant's brother out of which two injuries are simple in nature and two are grievous in nature which were caused by several firearms.

Having heard the learned counsel for the parties and considering the fact that there is direct allegation against the petitioner and co-accused, namely, Aftab of several time firing upon the informant's brother, 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) Manish/- U T