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Patna High CourtCR. MISC./12730/2018rejected

Sujeet Yadav v. The State Of Bihar

2018-04-20Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12730 of 2018 Arising Out of PS. Case No.-117 Year-2017 Thana- BIND District- Nalanda ====================================================== Sujeet Yadav S/o Sri Krishna Ballabh Yadav, R/o Village- Madan Chack, P.S.- Bind, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiv Ranjan For the Opposite Party/s :

Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 20-04-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Bind PS Case No.117 of 2017, registered under Sections 353 and 307 of the Indian Penal Code as well as under Sections 25(1-b)a, 26, 27 of the Arms Act.

Allegation in brief is that the petitioner opened fire on police patrolling party and he was apprehended by the police and a country made pistol with nine live cartridges were recovered from his possession.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case at the behest of his co-villager; whereas learned counsel for the State submits that there is recovery of arms and nine live cartridges from

Patna High Court Cr.Misc. No.12730 of 2018(3) dt.20-04-2018 2/2 possession of the petitioner and the petitioner has got a dozen criminal record of serious offences like extortion and attempt of murder and this fact was also suppressed in the bail application and only three antecedents were mentioned.

Having considered the recovery of firearms, nine live cartridges and a dozen criminal antecedent of serious nature, prayer of bail of the petitioner is rejected in connection with Bind PS Case No.117 of 2017, pending in the court of learned ACJM-IV, Nalanda with a direction to the trial court to expedite the trial and preferably conclude the same within a year. (Arun Kumar, J) S.KUMAR/- U T