Sikendra Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58478 of 2022 Arising Out of PS. Case No.-191 Year-2022 Thana- ALOULI District- Khagaria ====================================================== Sikendra Sada S/o Late Ram Kishun Sada Resident of village- Echaruwa, P.S.- Alauli, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Kishor Poddar, Adv.

For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Alauli P.S. Case No. 191 of 2022 lodged under Sections 307, 504, 448 of the I.P.C. read with Sections 25(1-b)a, 26, 27 of the Arms Act.

As per the prosecution case, there is specific allegation against the present petitioner to make pistol firing on the mother of the informant by which she injured and the said petitioner has started fleeing away from the place of occurrence but the co-villagers have caught him and handed over to police. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.58478 of 2022(2) dt.21-02-2023 2/2 injury is simple in nature but from the record, there is no injury found on record. Counsel further submits that petitioner's antecedent is clean and he is in custody since 10.05.2022 without any fault.

Learned counsel for the State opposes the prayer for bail and submits that the allegation of firing is not in dispute rather there is direct allegation to fire upon petitioner. In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.

The Trial Court is directed to expedite the trial as early as possible preferably within 6 months. With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) prakashmani/- U T