Karelal Yadav @ Arvind Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8960 of 2015 Arising Out of PS.Case No. -392 Year- 2014 Thana -KHAGARIA DistrictKHAGARIA ====================================================== Karelal Yadav @ Arvind Yadav S/o Late Biso Yadav Resident of Village Bari Kothiya, P.S. Muffasil Khagaria, District Khagaria. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Jha, Adv. For the Opposite Party/s : Mr. Dr. Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-05-2015 Heard both sides.
The petitioner seeks bail in Khagaria (Muffasil) P.S. Case No. 392/14, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The informant made very specific allegation that the petitioner fired at his son Shanker Yadav.
The learned counsel for the petitioner submits that the occurrence took place at 10 pm. All the witnesses in the case diary have stated that they heard about the firing. There is no eyewitness of the occurrence. Petitioner happens to be agnates of the injured. The doctor Ashok Kumar Sharma gave his opinion with regard to the injury after six and half months of the occurrence. On the other hand, learned counsel for the informant
Patna High Court Cr.Misc. No.8960 of 2015 (4) dt.01-05-2015 2/2 vehemently opposed the prayer of bail petition. It appears that the petitioner fired on the right eye of Shankar Yadav, the doctor also removed bullet from the right eye. The injured lost his right eye. The injury is grievous in nature, I am not inclined to enlarge the petitioner above named on bail at this stage. Accordingly, the same is rejected. The trial court is directed to expedite the trial and conclude the same within nine months from the date of receipt of this order. If the trial is not concluded within the stipulated period, the petitioner may renew his prayer for bail, firstly in the trial court.
(Prabhat Kumar Jha, J.) Rakhi/- U T