Madoran Nishad @ Madoran Singh Nishad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15727 of 2024 Arising Out of PS. Case No.-9 Year-2023 Thana- MARANCHI District- Patna ====================================================== Madoran Nishad @ Madoran Singh Nishad son of Ramashish Singh Nishad @ Ramashish Nishad Village- Dumara Diyara Janjira Ps- Maranchi DistPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Kashyap, Adv.

For the Opposite Party/s :

Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Maranchi P.S. Case No.09 of 2023 lodged under Sections 341, 323, 307, 504, 506, 448 and 34 of the I.P.C. read with Section 27 of the Arms Act.

3. As per the prosecution case, the F.I.R. has been lodged against 5 named accused persons including the petitioner against whom the allegation made against the petitioner is that he has fired by desi katta on the informant due to which he injured.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that another accused persons have been granted bail by this Court vide order dated 16.04.2024 passed in Cr. Misc. No.

Patna High Court CR. MISC. No.15727 of 2024(4) dt.03-05-2024 2/2 9645/2024.

5. Counsel for the petitioner submits that petitioner is in custody since 13.10.2023 having three criminal antecedent in which he is on bail in all the cases.

6. Learned A.P.P. for the State opposes the prayer for bail and submits that the allegation made against the present petitioner and on the accused person to whom the regular bail has been granted, are different.

7. Counsel further submits that the co-accused was order giver whose bail has been granted, but herein the present case, the petitioner has made gun shot due to which injury took place.

8. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.

9. However, trial court is directed to expedite the trial as early as possible preferably within one year. (Dr. Anshuman, J.) Prakashmani/- U T