Gaurav Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33886 of 2021 Arising Out of PS. Case No.-93 Year-2020 Thana- KASIMBAZAR District- Munger ====================================================== GAURAV YADAV S/o Anik Yadav R/o Mohalla- Sandalpur, P.S.- Kasim Bazar, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karuna Nath Sahay For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-12-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection Kasim Bazar P.S. Case no. 93 of 2020 registered for the offence punishable under sections 147, 148, 149, 323, 307 of the Indian Penal Code read with sections 27 of the Arms Act.

Learned counsel for the petitioner submits that petitioner is in custody since 29.06.2020 and charge sheet has been submitted. Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the FIR, it would manifest that the informant alleges that on the order of Sarswati Devi this petitioner started firing and other accused started assaulting the nephew of the

Patna High Court CR. MISC. No.33886 of 2021(2) dt.02-12-2021 2/3 informant on his jaw and head as a result of which he became injured. Learned counsel further submits that petitioner has been falsely implicated in this case and from perusal of the allegation, it would manifest that only allegation against this petitioner is that he started firing but FIR is completely silent with respect to the fact as to whether any person has been injured or not. This itself shows that no one was injured in the firing.

Learned APP opposes the prayer for bail and submits that this petitioner has antecedent of 12 cases as mentioned in para 3 of bail petition, further from injury report of Dablu Sharma it would manifest that at Rajeshwar hospital bullet was removed from right angle of mandible wound and injured was referred to PMCH/IGIMS, Patna for further management.

Considering the facts that there is allegation of firing against this petitioner and victim Dablu Sharma was injured as would be evident from the injury report Annexure 2 at page 22 of the brief and nature of injury is grievous and petitioner has 12 antecedents, the court is not inclined to grant bail to the petitioner and accordingly, his prayer for

Patna High Court CR. MISC. No.33886 of 2021(2) dt.02-12-2021 3/3 bail is rejected. However, petitioner will be at liberty to renew his prayer for bail after framing of the charge. (Satyavrat Verma, J) s.hassan/- U T