Bittu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60623 of 2025 Arising Out of PS. Case No.-456 Year-2024 Thana- RAHUI District- Nalanda ====================================================== Bittu Yadav S/o- Arjun Yadav R/o - Kayampur, P.S - Rahui, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar, Advocate Mr. Kumud Ranjan, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-09-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Rahui P.S. Case No. 456 of 2024 instituted for the offence under Sections 190, 191(2), 193(3), 126(2), 115(2), 109 & 118(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3.

As per FIR, on 03.09.2024 at about 5 PM, the informant heard noise about the killing of Ram Balak Yadav and came out of his house. He saw the accused persons, armed with pistol, gun, lathi, and iron rod, attacking him with the intention to kill him. On the order of Rambriksh Yadav, accused Bittu Yadav (petitioner) fired gunshot which hit the informant's leg,

Patna High Court CR. MISC. No.60623 of 2025(3) dt.26-09-2025 2/3 causing injury.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.06.2025. Petitioner bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that there is allegation that petitioner had opened fire which has hit the leg of the informant, but from perusal of the injury report, it would manifest that the informant had sustained only a blackness in his bottom part of his leg and there is no entry wound and nature of injury is simple. Other co-accused has been granted bail by this Court vide order dated 15-02-2025, passed in Cr. Misc. No. 6767 of 2025.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that there is direct allegation of firing against the petitioner.

7.

Considering the aforesaid facts and circumstances of the case, there being direct allegation of firing against the petitioner, this Court is not inclined to grant bail to the

Patna High Court CR. MISC. No.60623 of 2025(3) dt.26-09-2025 3/3 petitioner. Prayer for grant of bail to the petitioner is hereby rejected.

8.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T