Patna High CourtCR. MISC./55764/2015rejected

Rajnish Yadav v. The State Of Bihar

2016-03-02Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55764 of 2015 Arising Out of PS.Case No. -141 Year- 2015 Thana -NATHNAGAR District- BHAGALPUR ====================================================== Rajnish Yadav Son of Deepak Yadav, Resident of Village - Harijan Tola, Rampur Khurd, P.S. - Nathnagar (Madhusudanpur), District - Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Jha, Advocate For the Opposite Party/s : Mr. N.K.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-03-2016 Supplementary affidavit has been filed disclosing that the petitioner has got criminal antecedent and he is involved in two more cases, let it be kept on record.

Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Nathnagar (Madhusudanpur) P.S. Case No. 141 of 2015 registered for the offences punishable under Sections 147, 148, 341 and 307 of the Indian Penal Code and Section 27 of the Arms Act. The allegation against the petitioner is that he shot the informant which hit just below his right chest and again coaccused Sitiya Yadav opened fire which hit on the left arm of the

Patna High Court Cr.Misc. No.55764 of 2015 (5) dt.02-03-2016 2/2 informant.

Submission is of false implication and that there was no intention to commit murder, there was no motive for committing such crime, the manner of occurrence as alleged is not true version, chargesheet has already been submitted and the petitioner is suffering in custody since 14.09.2015. The learned A.P.P. duly assisted by the learned counsel for the informant opposes the prayer of bail by submitting that two fire arm injuries have been found on the person of the informant and those are found dangerous to life. The petitioner has got criminal antecedent also.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner serious in nature, this Court is not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected. (Jitendra Mohan Sharma, J) sushma/- U T