Kari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 46285 of 2022 Arising Out of PS. Case No.-66 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Kari Yadav Son of Rajendra Yadav R/o Village - Haibatpur, P.S.- Mufassil, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Om Prakash Kumar, Adv.

For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Mufassil P.S. Case No. 66 of 2022 lodged under Sections 147, 148, 341, 323, 307, 504, 506 of the I.P.C. and 27 Arms Act. As per the prosecution case, F.I.R. has been lodged against 5 named accused persons. There is specific allegation against the present petitioner and one Shambhu Yadav is that they fired on the informant's husband due to which he was injured.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No. 46285 of 2022(2) dt.04-11-2022 2/3 petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 18.04.2022 having 2 criminal cases pending against him and he is on bail in both the cases. He further submits that he has annexed the injury report and from the injury report it transpires that there is no penetrating wound found. He further submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him. Upon specific query whether charge has been framed or not, learned counsel submits that charge has not been framed till date.

Learned counsel for the State opposes the prayer for bail and submits there is specific allegation against the petitioner and one other to fire a gunshot against informant's husband. He further submits that from the injury report it transpires the nature of injury is grievous and it was caused by firearm.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail at present and therefore bail petition is hereby rejected. Liberty is hereby granted to the petitioner to renew his prayer for bail after 9 months from the date of framing of charge.

Patna High Court CR. MISC. No. 46285 of 2022(2) dt.04-11-2022 3/3 With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) ashishsingh/- U T