Chhotu Yadav @ Chhotu Gop @ Kundan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28718 of 2020 Arising Out of PS. Case No.-121 Year-2019 Thana- MEHANDIGANJ District- Patna ====================================================== Chhotu Yadav @ Chhotu Gop @ Kundan, aged about 30 years, Gender-Male, Son of Munni Gop, Resident of Village - Mansa Ram Ka Akhara, Radhe Krishna Mandir, P.S.- Mehandiganj, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad, Advocate For the State :

Mr.Madhuranand Jha, A.P.P.

For the Informant : Mr.Ashok Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-12-2020 Heard the parties through the virtual court proceeding. The petitioner seeks bail in connection with Mehandiganj P.S. Case No. 121 of 2019 registered for the offences punishable under Sections 307/324 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case in brief is that one Golden Kuamr @ Ajay Yadav, son of Late Ashok Yadav gave his statement on 12.07.2019 at Rajeshwar Hospital, Patna, before Durga Saw S.I. of Mehandiganj Police Station that on 11.07.2019, he was coming to his house by motorcycle. At about 5:30 P.M., when he reached near of the house of Master Sahab at Radha Krishna Mandir western side of Mansa Ram Ka Akhara then Chhotu Yadav (petitioner) came and stopped the

Patna High Court CR. MISC. No.28718 of 2020(3) dt.21-12-2020 2/3 motorcycle of the informant and said you are becoming very clever and saying this suddenly fired four times upon the informant, the informant got two bullets in his thigh, one in his knee and one was on his left wrist. Thereafter, the informant any how save his life by entering into a house. The informant further alleged that he believes that the petitioner shot him with intention to kill. Thereafter, two persons namely Lalu Saw and Ankur Yadav came and they took away the informant to the hospital.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that as per statement of the informant, the petitioner fired bullet for killing the informant but no any injury on vital part has been received by the informant whereas the bullet was shout on the leg. He further submits that in paragraphs 93 and 94 of the case diary, the witnesses at the place of occurrence have not supported the prosecution case. Learned counsel for the informant submits that the petitioner is a veteran criminal and six cases are pending against him.

I have perused the record including the case diary. Some witnesses have supported the prosecution case and charge

Patna High Court CR. MISC. No.28718 of 2020(3) dt.21-12-2020 3/3 sheet has been submitted against the petitioner. The petitioner having criminal antecedent, I am not inclined to enlarge the above named petitioner. Accordingly, the prayer for bail of the above named petitioner in connection with Mehandiganj P.S. Case No.121 of 2019 pending in the court of learned S.D.J.M., Patna City, Patna is hereby rejected at this stage.

(Anjani Kumar Sharan, J) Nasimul/- U T