Ganauri Mochi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11859 of 2019 Arising Out of PS. Case No.-90 Year-2018 Thana- PALIGANJ District- Patna ====================================================== Ganauri Mochi, Son of Late Deo Nandan Mochi, Resident of Village - Dariyapur Anant, P.S.- Paliganj, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Narayan Dubey For the Opposite Party/s :

Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 447, 341, 323, 504, 307/34 of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the petitioner is that he twice fired at the informant. The first caused injury at the chest and the second at the shoulder.

Submission is that there is delay of four days in lodging of the FIR. Petitioner is in custody since 02.09.2018. The injury report reveals that the Doctor has found consistent injury on the person of the informant grievous in nature. The fardbeyan of the informant was recorded while he was getting treatment at PMCH, Patna. Hence, delay in lodging the FIR does not matter unless some prejudice is shown.

Patna High Court CR. MISC. No.11859 of 2019(3) dt.07-05-2019 2/2 Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail in connection with Paliganj Police Station Case No. 90 of 2018 pending in the court of learned Sub Divisional Judicial Magistrate, Danapur, Patna. Learned Trial Court is directed to expedite the trial and conclude the same preferably within nine months. (Birendra Kumar, J) Rajan/- U T