Pramod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35983 of 2021 Arising Out of PS. Case No.-444 Year-2020 Thana- ARA NAGAR District- Bhojpur ====================================================== PRAMOD YADAV Son of Musha Yadav Resident of Moti Tola Ara, P.S.- Ara Nagar, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-02-2022 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, 452, 504, 506 and 34 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, the seven named accused persons including the petitioner herein entered the house of the informant and as a result of firing by Jhanjhi Yadav and Dharmendra Yadav, the informant sustained gun shot injury. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. Accepting the allegations levelled in the F.I.R., at best he can be said to be a member of the mob. No overt act has been alleged

Patna High Court CR. MISC. No.35983 of 2021(4) dt.07-02-2022 2/2 against him. He is in custody since 27.2.2021 and chargesheet has been submitted in the case.

The application for bail is opposed by learned A.P.P. for the State who submits that the petitioner is named in the F.I.R. He along with the other named accused persons entered the house of the informant and as a result of indiscriminate firing, the informant sustained gun shot injuries. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner being named in the F.I.R. and having participated in the occurrence wherein the informant sustained two gun shot injuries and the fact being confirmed from the injury report, 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. (Partha Sarthy, J) Bibhash U T