Parmeshwar Yadav @ Patrol Yadav @ Patrol v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13271 of 2024 Arising Out of PS. Case No.-142 Year-2023 Thana- LAUKAHI District- Madhubani ====================================================== Parmeshwar Yadav @ Patrol Yadav @ Patrol Son Of Bhola Yadav R/O Village- Kakordobh, P.S.- Laukahi, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Bharti, Adv.
For the Opposite Party/s :
Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Laukahi (Naraiya O.P) P.S Case No. 142 of 2023 from the Court of learned A.C.J.M-1, Jhanjharpur, Madhubani registered for the offences punishable under Sections 353 of the I.P.C and 25(1b)a / 26 of Arms Act.
3. As per prosecution case one country made pistol and one live cartridge recovered from the possession of the petitioner.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is also submitted that petitioner is in judicial custody since 25.07.2023.
Patna High Court CR. MISC. No.13271 of 2024(4) dt.23-04-2024 2/2
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. In view of the allegation, FIR, impugned order it appears that one country made pistol and one live cartridge recovered from the possession of the petitioner in presence of independent witness. It is also stated in FIR that petitioner assaulted the police officer who is attending the arrest of the present petitioner. Moreover, petitioner has two criminal antecedents, considering all aspects of this case and seriousness of the offence this Court is not inclined to grant bail to the petitioner.
7. Hence, prayer for regular bail of the petitioner is hereby rejected. However, trial court is directed to conclude the trial preferably within a period of six months and if the trial is not concluded within the stipulated period then the petitioner may renew the prayer of bail before the trial court and the trial court shall consider the prayer for bail of the petitioner. (Ramesh Chand Malviya, J) Mayank/- U T