Shiv Shankar Yadav @ Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57064 of 2021 Arising Out of PS. Case No.-368 Year-2020 Thana- JAMUI District- Jamui ====================================================== Shiv Shankar Yadav @ Shankar Yadav Son Of Bajrangi Yadav R/O VillageAbhaypur, P.S. And Dist.- Jamui ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Amrendra Kumar For the Opposite Party/s :

Mr. Amitesh Kumar Mr. Umesh Prasad Mr. Mrityunjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-03-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 324, 326, 307, 504, 506/ 34 of the Indian Penal Code and Section 27 of the Arms Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 22.06.2021, charge-sheet has been submitted in the case, charges have been framed and has antecedent of two cases.

Allegation is of firing by the petitioner hitting the son of the informant on his mouth on account of previous dispute. The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.57064 of 2021(4) dt.30-03-2022 2/2 petitioner has been falsely implicated in the present case. There is no entry and exit wound and during the course of investigation, the witnesses have also stated that the victim fell from a tractor and got injured and the petitioner came to be falsely implicated by the informant.

The learned counsel for the informant as well as learned A.P.P. for the State opposes the bail application and submits that the injury has been found to be grievous caused by firearm at P.M.C.H. The learned counsel for the informant submits that still the pellet is inside the mouth and the victim till date is not in a position to speak even properly on account of the injury. It is further submitted that the charges have been framed and the trial will commence.

Considering the submissions made by the learned counsel for the informant as well as learned A.P.P. for the State, the Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner stands rejected for the present.

(Satyavrat Verma, J) vikash/- U T