Patna High CourtCR. MISC./5292/2018rejected

Shivdani Yadav v. The State Of Bihar

2018-03-27Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5292 of 2018 Arising Out of PS.Case No. -44 Year- 2017 Thana -MAHESHKHUNT District- KHAGARIA ======================================================

1. Shivdani Yadav Son of Murli Yadav, Resident of Village-Baraitha, P.S.-Gogari, District-Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-03-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Maheshkhunt P.S. Case No.44 of 2017, a case under Sections 307/302/120B/34 of the Indian Penal Code and Section 27 of the Arms Act, pending in the Court of F.T.C. II, Khagaria. According to FIR, the petitioner and co-accused Laltu Yadav fired at the informant who were on motorcycle with backseater Sudhir Yadav and Devo Yadav. The shot hit to both the back-seater Sudhir Yadav and Devo Yadav. When both fell down co-accused Laltu Yadav again caused injury at the temporal region of Devo Yadav. Co-accused Rajesh Yadav again fired on Devo Yadav. The doctor has found one wound of entry at the temporal

Patna High Court Cr.Misc. No.5292 of 2018 (3) dt.27-03-2018 P2/ region of Devo Yadav and other wound of entry at the parietal bone. One lacerated wound at the abdomen and one more laceration at the thoracic vertebra. All were caused by fire-arm. Submission is that the petitioner is in custody since 12.07.2017.

Considering the nature of allegation and the material available in the case-diary against the petitioner, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail is refused. The learned trial Court is directed to expedite the trial. (Birendra Kumar, J) Mkr./- U T