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Patna High CourtCR. MISC./44457/2021bail rejected

Brajesh Yadav v. The State Of Bihar

2022-02-21Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44457 of 2021 Arising Out of PS. Case No.-293 Year-2020 Thana- GOGRI District- Khagaria ====================================================== BRAJESH YADAV S/o ANIRUDH YADAV RESIDENT OF BARAITHA,PS GOGARI, DISTRICT-KHAGARIA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kr Singh No.1, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP For the Informant :

Mr. Ranjeet Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-02-2022 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 section 307 and other sections of the Indian Penal Code.

As per the prosecution case, the petitioner is said to have fired hitting the informant in his chest. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case because of pending dispute between the parties. Earlier in the year 2019 two cases were filed by the petitioner and others against the informant and it is as a counter blast to the same that the instant FIR has been registered. The manner of occurrence

Patna High Court CR. MISC. No.44457 of 2021(4) dt.21-02-2022 2/2 is other than what has been narrated in the FIR. The petitioner is in custody since 24.2.2021.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. Learned counsel for the informant submits that the allegation against the petitioner of having fired and shot the informant in his chest is supported from the contents of the injury report. The trial has commenced in the learned trial Court and one witness has been examined on behalf of the prosecution. Having heard learned counsel for the parties and taking into consideration the facts of the case, 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 and to conclude the same preferably within a period of six months from the date of communication of this order. (Partha Sarthy, J) Prakash/- U