Giranand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 70369 of 2018 Arising Out of PS. Case No.-242 Year-2017 Thana- Chhatapur District- Supaul ====================================================== Giranand Yadav, Son of Satya NarayanYadav, Resident of Village-Khunti, Police Station-Chhatapur, District-Supaul.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Arun For the Opposite Party/s :

Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

03-12-2018 Heard Sri Arun, learned counsel for the petitioner and learned Addl. Public Prosecutor.

The sole petitioner, who is in custody since 01-09-2018, has prayed for grant of bail in Chhatapur P.S. Case No. 242 of 2017 registered for offence under Sections 147, 148, 149, 341, 323, 379, 307, 504 & 506 of the Indian Penal Code. Learned counsel for the petitioner submits that though in F.I.R., it was alleged that petitioner was carrying fire-arm, neither there is any allegation of giving any fire-arm injury nor F.I.R. has been registered under the Arms Act, 1959. Only the case has been registered for offences under the Indian Penal Code. He further submits that there was case and counter case in between the parties. From the petitioner's side also on the same date, an F.I.R. was lodged, vide Chhatapur P.S. Case No. 241 of

Patna High Court Cr.Misc. No.70369 of 2018(2) dt.03-12-2018 2/2 2017 (Annexure - 3 to the petition). On aforesaid ground, a prayer has been made for grant of bail.

However, on going through the F.I.R., I find that in the occurrence, there was specific case against the petitioner. Besides this, the petitioner is also accused in another case, which fact has been stated in paragraph - 3 of the petition and the fact that though F.I.R. was lodged on 2nd July, 2017, in which, petitioner was arrayed as accused, he is in custody only since 01-09-2018. In such situation, I do not find any ground to pass favourable order.

The prayer for bail stands dismissed with an observation that petitioner may renew his prayer for bail after six months.

(Rakesh Kumar, J.) anay U T