Subhash Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36874 of 2022 Arising Out of PS. Case No.-65 Year-2022 Thana- PURAINI District- Madhepura ====================================================== SUBHASH MEHTA SON OF LATE MOHAN MEHTA Resident of villageChatnma, Ward No. 10 P.S- Puraini, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal,Advocate For the Opposite Party/s :

Mr.Tapeshwar Sharma,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-09-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing in view of the COVID 19.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is an accused in connection with Puraini P.S. Case No. 65 of 2022 under Section 307/34 of the Indian Penal Code and Section 27 Arms Act.

The informant, a businessman dealing with drugs, has alleged that the two persons came to his medical shop covering his face by helmet, towel and handkerchief and asked for some medicines for stomach pain. As the informant got up from the chair to bring out the medicine, one of them open fired causing injury in his right chest. As he screamed and ran towards his

Patna High Court CR. MISC. No.36874 of 2022(2) dt.23-09-2022 2/2 home, the accused persons fled away. He was brought to the Max-7 Hospital, Purnea for treatment Subsequently, the investigation progressed and the role of the petitioner cropped up and accordingly, he was taken into custody, who also confessed to his crime. Further, as per the observation made in the order of the learned Session Judge, the co-accused, Md. Ajahar Ali has also disclosed the role of the petitioner.

Considering the fact that the petitioner has ten criminal antecedents under his belt and almost all of them are related to sections 302 and 307 of the Indian Penal Code as also the fact that the police has found his role during the course of investigation, this Court is not inclined to give any relief to him and the bail application is accordingly rejected. The Trial Court is hereby directed to expedite the trial and conclude the same preferably within a period of one year. (Rajiv Roy, J) Jagdish/Neha/- U T