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Patna High CourtCR. MISC./34910/2021bail rejected

Manoj Yadav v. The State Of Bihar

2021-10-25Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34910 of 2021 Arising Out of PS. Case No.-147 Year-2020 Thana- SALAKHUA District- Saharsa ====================================================== MANOJ YADAV Son of Late Ram Sunder Yadav Resident of Village - Mundichak, P.S.- Salkhua, District - Sahrsha ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Prasad Verma, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-10-2021 Heard learned counsel for the petitioner, the State and the informant.

The petitioner seeks regular bail in Salkhua Police Station Case No. 147 of 2020 registered for the offences punishable under section 302 and other allied sections of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, this petitioner is alleged to have fired upon the neck and the hand of the father-in-law of the informant (the deceased).

Learned counsel for the petitioner submits that the informant is not the eye witness of the occurrence and the alleged place of occurrence is the out house of one Bhajan Sharma who has not identified the petitioner during course of the investigation. Petitioner is in custody since 17.7.2020 and

Patna High Court CR. MISC. No.34910 of 2021(3) dt.25-10-2021 2/2 Charge sheet has already been submitted.

Learned counsel appearing for the State and the informant oppose the prayer for bail. They submit that there is specific allegation on the petitioner that he fired upon the neck and the hand of the deceased as a result of which he sustained fire arms injury.

In view of the specific allegation against the petitioner, his prayer for bail is refused.

As the petitioner is in custody since 17.7.2020, let the trial be expedited and concluded as early as possible. (Prabhat Kumar Singh, J) Shashi U T