Radhey Shyam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55846 of 2018 ======================================================

1. Radhey Shyam Singh S/o Late Ajay Singh, R/o Mohalla- Shahganj, P.S.- Laheriasarai, District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur Mr. Pravin Kumar Mr. Shashank Shekhar For the Opposite Party/s : Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Laheriasarai (Benta O.P.) P.S. Case No. 42/2018, instituted for the offences under Sections 341, 324 and 307 of the Indian Penal Code read with Sections 27, 25(1-b)a of Arms Act.

It is alleged in the written report that on the date of occurrence, this petitioner, who was in drunken condition, was pushing the gate of informant, whereupon his father and driver, namely, Malik Jha went to persuade him. Then petitioner took out pistol from his waist and fired at the driver of informant, who sustained firearm injury on his left jaw and fell down. Thereafter the injured was taken to D.M.C.H. for treatment from where he

Patna High Court Cr.Misc. No.55846 of 2018 (3) dt.31-10-2018 2/2 was referred to P.M.C.H.

Injury report of injured is available in case diary, wherein it is mentioned that doctor has found wound of entry on left cheek and also found lacerated wound in the inner part of right pinna. Opinion is kept reserved because patient is referred to Neurosurgery/Plastic Surgery Deptt., P.M.C.H. Keeping in view the direct allegation against the petitioner, this Court is not inclined to grant bail to the petitioner at this stage. Accordingly, prayer for bail of petitioner is rejected. The court below is directed to expedite the trial. The petitioner is given liberty to renew his prayer for bail after six months in the event no substantive progress is made in trial.

(Sanjay Priya, J.) Rakhi U T