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Patna High CourtCR. MISC./50298/2017disposed

Mahesh Yadav @ Mahesh Lal Yadav v. The State Of Bihar

2017-11-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50298 of 2017 ====================================================== MAHESH YADAV @ MAHESH LAL YADAV, Son of Shri Charitra Yadav, Resident of Village- Jaighatta, P.S. Bahera, Darbhanga. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Vinay Kumar Mishra For the Opposite Party/s : Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Bahera P.S.Case No. 191 of 2017 registered for the offences punishable under Sections 341, 324, 326, 307/34 of the Indian Penal Code and 27 of the Arms Act.

Allegation against the petitioner is of firing on the informant causing injury to him.

Submission of learned counsel for the petitioner is that as a matter of fact one Asrti Devi, wife of informant, was assaulted and ousted from her house by the informant and informant is saru of the petitioner, as such, he has falsely been implicated and no such occurrence has taken place. Further submission is that though injury is grievous in nature but not on vital part of body and he is in custody since 23.7.2017.

Patna High Court Cr.Misc. No.50298 of 2017 (3) dt.16-11-2017 2/2 Heard learned APP also, who has opposed the prayer for bail stating that injury is grievous in nature. Having heard both sides and in view of facts and circumstances, I am not inclined to grant bail to the petitioner at this stage.

However, once charge has been framed in this case, learned trial court shall release the petitioner on bail to its own satisfaction.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U