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Patna High CourtCR. MISC./24959/2021bail rejected

Shambhu Yadav v. The State Of Bihar

2021-12-10Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24959 of 2021 Arising Out of PS. Case No.-141 Year-2020 Thana- BAKHTIYARPUR District- Patna ====================================================== SHAMBHU YADAV S/O AWADHESH YADAV R/O VILLAGE-MISI, P.S.- BAKHTIYARPUR, DISTRICT-PATNA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Adv.

For the Opposite Party/s :

Smt. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-12-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, the petitioner is stated to have fired from pistol on the informant Harikant Kumar causing firearm injuries in his head.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The alleged injuries have been found to be simple in nature. The petitioner is in custody since 14.9.2020 and chargesheet has been submitted in the case. He undertakes to cooperate in the

Patna High Court CR. MISC. No.24959 of 2021(3) dt.10-12-2021 2/2 trial.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the materials on record, it transpires that the allegation of firing against the petitioner is confirmed from the injury report of the informant wherein grievous injuries have been found on the forehead of the informant. As such, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Learned trial court is directed to expedite the trial. Liberty is granted to the petitioner to renew his prayer for bail after six months, if there is no progress in the trial in the learned court below.

(Partha Sarthy, J) Saurabh/- U T