Patna High CourtCR. MISC./46415/2018dismissed

Rajendra Yadav v. The State Of Bihar

2018-09-14Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46415 of 2018 Arising Out of PS.Case No. -118 Year- 2016 Thana -SATHI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Rajendra Yadav, S/o Late Salik Yadav, resident of Village Basantpur, P.S. Sathi, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-09-2018 Heard the parties.

Petitioner seeks bail in Sathi P.S.Case No.118 of 2016 registered for the offences under Sections 147, 148, 149, 341, 323, 324, 302, 504 of the I.P.C. and Section 27 of the Arms Act. Allegation against the petitioner is of firing indiscriminately causing injuries to the father and the uncle of the informant and both succumbed to their injuries. Submission of the learned counsel for the petitioner is that specific allegation against the petitioner is of firing which hit on the leg of the uncle, but injuries are found to be caused by hard and blunt substance and not by firing on the informant. Injury has not been supported by any of the witnesses and he is in jail custody since 8.5.2017.

Patna High Court Cr.Misc. No.46415 of 2018 (3) dt.14-09-2018 2/2 Heard learned A.P.P. and the informant who opposed the prayer for bail of the petitioner stating that there is specific allegation against the petitioner that he made indiscriminate firing on the father and the uncle of the informant causing injuries to them and both succumbed to their injuries.

Having heard both sides and in such view of the matter, I am not inclined to grant bail to the petitioner. As such, the prayer for bail of the petitioner is rejected.

This application is dismissed.

However, in view of the fact that he is in custody for more than one year, let the trial be expedited. (Vinod Kumar Sinha, J) AnilKrSinha/- U