Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28991 of 2021 Arising Out of PS. Case No.-383 Year-2020 Thana- NOORSARAI District- Nalanda ====================================================== ANIL YADAV S/O BABUCHARAN YADAV R/o village- Paparnausa, P.S.- Noorsarai, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Kumar, Adv.

For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-02-2022 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 sections 307, 341, 323, 504 and 34 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, the petitioner is said to have fired from his pistol hitting the mother of the informant in her leg.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The so called injury report which has been received from the hospital is dated 27.11.2021. It has been prepared a year after the alleged examination. Thus, the same cannot be relied upon. The injury

Patna High Court CR. MISC. No.28991 of 2021(7) dt.14-02-2022 2/2 is on non-vital part of the body. The petitioner is in custody since 19.1.2021 and chargesheet has been submitted in the case. Heard learned A.P.P. for the State.

As per the injury report received from the Sadar hospital, Biharsharif, Nalanda, the allegation of firing against the petitioner on the mother of the informant is supported from the same. Grievous injury caused by firearm has been found on the right knee of the mother of the informant. Having heard learned counsel for the parties, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

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 trial court.

(Partha Sarthy, J) Saurabh/- U T