Vikash Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26805 of 2017 Arising Out of PS.Case No. -20 Year- 2017 Thana -BIHIYA District- BHOJPUR ======================================================

1. Vikash Yadav, Son of Rajendra Yadav, Resident of Village- Rupbandh, P.S.- Jagdishpur, District- Bhojpur.

2. Anil Yadav, Son of Mahavir Yadav, Resident of Village- Maniyara, P.S.- Tiyar, District- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2017 The petitioners seek regular bail in connection with Bihiya P.S. Case No. 20 of 2017, registered for offences punishable under Sections 147, 148, 149, 341, 307 and 120(B) of the Indian Penal Code.

Allegation against the petitioners and others is of firing indiscriminately and police on information raided the place and arrested the petitioners and others and it appears from impugned order that later on the injured has named these petitioners as assailant.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and there is case and counter case between the parties and both the parties have received

Patna High Court Cr.Misc. No.26805 of 2017 (5) dt.30-08-2017 2/3 injuries. It has also been submitted that earlier the petitioners have not been named in the F.I.R but later on their names have been disclosed by the injured, which clearly appears to be false and concocted. Further petitioners have been in judicial custody for more than five months and other co-accused persons have already been granted anticipatory bail.

Heard learned A.P.P. as well as learned counsel for the informant. They have opposed the prayer for bail and submitted that in this case petitioners are main assailant and the injuries caused to the injured was found to be grievous in nature. Having heard both sides, considering the facts and circumstances of the case and the injuries caused to the injured being grievous in nature, I am not inclined to release the petitioners on bail, their application for regular bail is, accordingly, rejected.

However, the trial court is directed to expedite the trial and try to conclude it within a period of seven months. Needless to say both the parties shall cooperate in disposal of trial.

(Vinod Kumar Sinha, J) sunil/-

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