Patna High CourtCR. MISC./57887/2018disposal with observation

Pawan Yadav v. The State Of Bihar

2018-09-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57887 of 2018 Arising Out of PS.Case No. -41 Year- 2018 Thana -BAKHTIARPUR District- SAHARSA ======================================================

1. Pawan Yadav, Son of Bilo Yadav, Resident of Village- Goriya Tola Sonpura, P.S.- Bakhatiyarpur, (Balana Hat O.P.), District- Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sameer Ranjan For the Opposite Party/s : Mr. Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-09-2018 Heard the parties.

This application is for grant of regular bail in connection with Bakhatiyarpur P.S.Case No.41 of 2018 dated 6.2.2018 for the offences under Sections 323, 341, 307, 504/34 of the Indian Penal Code.

Allegation against the petitioner and three other accused persons is that they came to the house of the informant and there is specific allegation against the petitioner of firing causing injury to him.

Submission of the learned counsel for the petitioner is that no such occurrence has taken place, petitioner has criminal antecedent and he has been falsely implicated in this case. He is in custody since 22.3.2018.

Patna High Court Cr.Misc. No.57887 of 2018 (2) dt.28-09-2018 2/2 Heard learned A.P.P. , who has opposed the prayer for bail on the ground that the injury was on the eye, pellet was visible and the injured was sent to the higher center for treatment. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage, however, once the charge is framed and the trial commenced, the petitioner shall be released on bail in connection Bakhatiyarpur P.S.Case no.41 of 2018 to the satisfaction of the learned trial court with condition that they will co-operate in disposal of the trial.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T