Brajesh Yadav @ Brajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10767 of 2023 Arising Out of PS. Case No.-94 Year-2022 Thana- RANIYATALAB District- Patna ====================================================== Brajesh Yadav @ Brajesh Kumar S/O Vijay Prasad Resident Of Village- Berra Tola, P.S.- Rani Talab District- Patna (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Dular Sah For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-06-2023 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 341, 323, 307, 504, 506 read with Section 34 of the IPC and Section 27 of the Arms act.

As per FIR, the allegation against the petitioner is that he fired upon the neck of the informant due to which he sustained injury and treatment is going on.

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. He has got no criminal antecedent. It is further submitted

Patna High Court CR. MISC. No.10767 of 2023(3) dt.22-06-2023 2/2 that the petitioner is languishing in judicial custody since 18.11.2022.

Learned APP appearing for the state has vehemently opposed the prayer of regular bail and submitted that there is direct allegation of open firing upon the neck of the informant which is a vital part, due to which he sustained injury. It is further submitted that during investigation several witnesses also supported the prosecution version.

Having heard the learned counsel for the parties and considering the facts and circumstances that there is direct allegation against the petitioner of opening fire upon the neck of the informant, which is a vital part, 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) manishkumar/- U T