Patna High CourtCR. MISC./16025/2018rejected

Santosh Yadav v. The State Of Bihar

2018-05-15Mr. Justice Birendra Kumar2 pages

Patna High Court Cr.Misc. No.16025 of 2018 (3) dt.15-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16025 of 2018 Arising Out of PS.Case No. -44 Year- 2017 Thana -PAWNA District- BHOJPUR ======================================================

1. Santosh Yadav S/o Jagat Yadav @ Jag Narayan Singh @ Jagat Narayan Yadav, R/o Village + P.O. - Pawar , P.S.- Pawana, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra, Adv For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147,148,149,307 of the Indian Penal Code and 27 of Arms Act.

According to FIR, three persons including the petitioner fired, causing injury to five persons. During investigation, injured-Ramesh Yadav stated before the police that firing of this petitioner had hit his stomach and other parts of the body. The Doctor has found firearm injury at the lower part of the chest of Ramesh Yadav.

Petitioner is in custody since 19.12.2017.

Submission is that there is no allegation of repetition of blow. No other witness has corroborated that

Patna High Court Cr.Misc. No.16025 of 2018 (3) dt.15-05-2018 the petitioner's firing caused injury to anyone. Considering the aforesaid material, I am not inclined to enlarge the petitioner on bail in connection with Pawana Police Station Case No. 44 of 2017 pending in the court of learned A.C.J.M.-V, Bhojpur, Arrah/successor court.

Hence, prayer for bail is refused.

The learned trial court is directed to expedite the trial and conclude the same within nine months from the date of receipt/production of a copy of this order. If the trial is not concluded within the aforesaid period, the petitioner would be at liberty to renew his prayer for bail before the learned trial court itself.

(Birendra Kumar, J) Nitesh/- U T