Munna Yadav @ Munna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56258 of 2022 Arising Out of PS. Case No.-139 Year-2022 Thana- NOKHA District- Rohtas ====================================================== Munna Yadav @ Munna Kumar, S/o Parasnath Singh Yadav, Resident of Village- Krishnapur, P.S.- Nokha, District- Rohtas at Sasaram ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anish Chandra,, Advocate For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-05-2023
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. Petitioner seeks regular bail in connection with Nokha P.S. Case No. 139 of 2022 corresponding to S. Trial No. 332 of 2022 dated 24.04.2022 registered for the offences punishable under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution, the informant alleged that this petitioner along with his two associates came at the informant's husband's (victim) shop thereafter this petitioner opened fire at the victim causing fire-arm injury at his waist and thigh.
4. The main submissions advanced by the learned counsel for the petitioner are that the petitioner has been languishing in jail since 27.04.2022 and against him there is
Patna High Court CR. MISC. No.56258 of 2022(5) dt.11-05-2023 2/2 criminal antecedent of one case and upon him the charge was framed on 29.09.2022 but till date only one witness has been examined and he is ready to co-operate in his trial.
5. Learned APP appearing for the State opposes the bail prayer.
6. Considering the seriousness of the allegation appearing against this petitioner from the FIR and he allegedly fired at the informant's husband and as per the medical expert's opinion, a round oval shaped wound was found on left buttock of the injured which corroborates the allegation levelled against this petitioner, in my opinion it is not a fit case for bail to the petitioner at this stage. Accordingly, his bail prayer stands rejected.
7. Petitioner may renew his bail prayer after the examination of the private witnesses in his trial or after six months from the date of this order, if within the said period the private witnesses of the prosecution are not produced and examined in the present matter.
(Shailendra Singh, J) Rajiv/- U T