Indra Kumar @ Indra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.29128 of 2020 Arising Out of PS. Case No.-25 Year-2020 Thana- KISHUNPUR District- Supaul ====================================================== Indra Kumar @ Indra Kumar Yadav, Son of Late Jagannath Yadav, Resident of Village - Nauwabakhar, P.S.- Kishanpur, District - Supaul ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate For the Opposite Party/s :

Mr. Kumar Uday Pratap, A.P.P.

For the Informant :

Mr. Kumar Gautam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-12-2020 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Kumar Uday Pratap, learned A.P.P. for the State. Petitioner in the present case is seeking regular bail in connection with Kishanpur P.S. Case No. 25 of 2020 registered for the offence under Sections 147, 148, 149, 341, 323, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that there is no specific allegation

Patna High Court CR. MISC. No.29128 of 2020(5) dt.23-12-2020 2/3 of firing upon the informant against this petitioner and his name has been brought in this case due to old enmity. It is submitted that the petitioner is in judicial custody since 02.03.2020. Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case wherein there is specific allegation against this petitioner that he had fired upon the informant and the firing made by him caused injuries on the right side and left side of the chest of the informant, the allegations getting support from the injury reports which have been read out by learned A.P.P. for the State and that those injuries have been found grievous in nature caused by firearm as also upon noticing that this petitioner has got criminal antecedents of similar nature in at least six cases against him which has been pointed out to this Court by learned A.P.P., this Court is not inclined to grant privilege of regular bail to the petitioner at this stage. Prayer for regular bail of the petitioner is, thus, refused.

Let the trial be expedited.

The trial court is expected to proceed with the trial without granting unnecessary adjournments. Prosecution should cooperate in course of trial and in case the trial is not concluded

Patna High Court CR. MISC. No.29128 of 2020(5) dt.23-12-2020 3/3 for no reason attributable to the petitioner within a period of nine months from today, the petitioner may renew his prayer for bail.

Application stands disposed of accordingly.

(Rajeev Ranjan Prasad, J) vats/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.