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Patna High CourtCR. MISC./11902/2021bail rejected

Karu Yadav @ Ranjeet Yadav v. The State Of Bihar

2021-08-23Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11902 of 2021 Arising Out of PS. Case No.-184 Year-2020 Thana- BAKHTIYARPUR District- Patna ====================================================== KARU YADAV @ RANJEET YADAV S/O PUNAI YADAV Resident Of Village - Champapur, Pijurpur, P.S. - Bakhtiyarpur, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Pramod Kumar Singh, Advocate For the State :

Mr. Anand Kumar no. 1, APP for the Informant :

Mr. Rajesh Mohan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in connection with a case registered under section 307 and other sections of the Indian Penal Code and section 27 of the Arms Act.

As per allegations in the F.I.R, the petitioner is alleged to have fired from his pistol injuring the sister of the informant.

It is submitted by learned counsel for the petitioner that the allegation of firing is against two persons. The petitioner has been falsely implicated in the case. There is case and counter case between the parties, the correct version having

Patna High Court CR. MISC. No.11902 of 2021(3) dt.23-08-2021 2/2 been narrated in the counter case. The petitioner and others were also injured and the prosecution in the instant case not having explained the injuries on the petitioner, the case of the prosecution become suspicious and unreliable. Even as per the allegations no case under section 307 of the IPC would be made out as there was no intention of committing murder. There is land dispute between the parties. The petitioner is in custody since 16.8.2020 and investigation in the case has concluded. Heard learned APP for the State and learned counsel for the informant.

Having heard learned counsel for the parties and taking into consideration the direct allegation against the petitioner of having fired on the sister of the informant, the allegations which is corroborated from the injury report wherein grievous injury caused by firearm has been found on the sister of the informant, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. (Partha Sarthy, J) Prakash/- U