Shubhash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8558 of 2021 Arising Out of PS. Case No.-624 Year-2020 Thana- MADHEPURA District- Madhepura ====================================================== SHUBHASH YADAV S/o- Late Siyaram Yadav Resident of VillageBhatrandha, P.S.- Madhepura (Parmanandpur O.P.), District- Madhepura. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-08-2021 Heard the parties in virtual Court proceeding. The petitioner is languishing in custody for the offences punishable under Sections 380, 460, 307 of the I.P.C. and Section 27 of the Arms Act.

Allegation is that the petitioner caused firearm injury to the younger brother of the informant, namely, Sanjeev Yadav. The doctor has found firearm injury on the face of the injured. Petitioner is in custody since 17.09.2020. Investigation of the case is already complete.

Learned counsel for the petitioner submits that the occurrence took place in the night and it was difficult for the informant to identify the assailant in the darkness of night. Since the parties are co-villagers, the informant cannot be disbelieved at this stage.

Patna High Court CR. MISC. No.8558 of 2021(3) dt.09-08-2021 2/2 Considering the nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail for the present. Hence, prayer for bail is refused in connection with Madhepura (Parmanandpur O.P.) P.S. Case No. 624 of 2020 pending in the court of learned Chief Judicial Magistrate, Madhepura.

The learned trial court is directed to expedite the trial. (Birendra Kumar, J) shahzad/- U T