Hareram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52997 of 2016 Arising Out of PS.Case No. -656 Year- 2016 Thana -SAHARSA District- SAHARSA ====================================================== Hareram Yadav, S/o Lalo Yadav, Resident of Village- Kabira, P.S.- Salkhua, District- Saharsa.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Rakesh Singh, Advocate Mr. Bhaskar Shankar, Advocate For the Opposite Party : Mr. Rajballabh Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-01-2017 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the offence under Sections 307, 326, 504, 341/34 of the Indian Penal Code and Section 27 of Arms Act.

There is allegation against this petitioner that he fired from pistol on order of one Mithilesh Paswan which hit on the face of the informant. Thereafter Vinod Yadav fired which hit on the back of informant, causing injury in jaw of the informant and he sustained serious injury.

The counsel for the petitioner has submitted that he was admitted in Maa Tara Hospital situated at Kankarbagh, Patna from 28.07.2016 and was discharged on 05.08.2016.

Patna High Court Cr.Misc. No.52997 of 2016 (3) dt.27-01-2017 2/2 Learned A.P.P. submitted that police did not find any material in the case diary to support the same. He has further submitted that there is injury report in para-48 of the case diary, which supports the allegation that the informant has sustained grievous injury in the jaw by firearm.

Learned Additional Sessions Judge-1st., Saharsa in the impugned order has stated that witnesses have supported the case. A plea of alibi can be taken by the petitioner at the time of trial. In such manner, I am not inclined to enlarge the petitioner on bail.

Accordingly, prayer for bail of the petitioner is hereby rejected in connection with Saharsa Sadar P.S. Case No. 656 of 2016, pending in the court of learned Chief Judicial Magistrate, Saharsa.

(Sanjay Priya, J.) ravi/- U T