Patna High CourtCR. MISC./29453/2022bail rejected

Ram Lakhan Yadav v. The State Of Bihar

2022-09-26Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29453 of 2022 Arising Out of PS. Case No.-177 Year-2021 Thana- ARIYARI District- Sheikhpura ====================================================== RAM LAKHAN YADAV Son of Ram Gulal Yadav Resident of Village - May Amarpur, P.S. - Ariyari, Dist.- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramji Kumar,Adv.

For the Opposite Party/s :

Mr.Ajay Kr. Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-09-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Section 307 & other allied sections of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, this petitioner alongwith others, armed with weapons, came at the door of informant and started abusing him and on protest, this petitioner fired upon the informant causing fire-arm injury to him. It is further alleged that accused persons also took away cash and a gold chain from the informant.

It is submitted on behalf of petitioner that no such occurrence, as alleged in the F.I.R., has taken place. Petitioner has been falsely implicated in this case. F.I.R. has been lodged after delay of six days and there is no explanation for the same.

Patna High Court CR. MISC. No.29453 of 2022(2) dt.26-09-2022 2/2 No independent witness has supported the prosecution case. However, learned A.P.P. for the State opposed the bail petition and submitted that there is specific and direct allegation against this petitioner of causing fire-arm injury to informant, which is duly corroborated and supported by the injury report wherein the doctor has found the fire-arm injury to be grievous in nature.

Considering the same, the prayer for anticipatory bail of petitioner is rejected.

(Prabhat Kumar Singh, J) anay/- U T