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Patna High CourtCR. MISC./77735/2023rejected

Ram Eshwar Yadav @ Rameshwar Yadav v. The State Of Bihar

2024-06-21Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77735 of 2023 Arising Out of PS. Case No.-186 Year-2019 Thana- BALIYA District- Begusarai ====================================================== Ram Eshwar Yadav @ Rameshwar Yadav S/O Sita Ram Yadav VillageBhagatpur, Ps. Ballia, Dist. Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 326, 307, 34 of the Indian Penal Code.

3. It is a case of opening fire upon the informant by the petitioner as a result of which, the informant sustained injuries on his right thigh.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in this case. For the alleged occurrence of 17.05.2019, the F.I.R was registered on 21.05.2019

Patna High Court CR. MISC. No.77735 of 2023(5) dt.21-06-2024 2/3 without explaining the delay. The petitioner and informant are co-villagers and in the background of some money dispute, the present accusation has been levelled against the petitioner. The petitioner is languishing in judicial custody since 05.07.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer for bail of the petitioner and submitted that there is direct allegation of shot fire against the petitioner as a result of which, the informant sustained gunshot injuries. Moreover, the petitioner has criminal antecedents and he has been made accused in four other cases apart from the present one.

In pursuance to the direction of this Court, a report with regard to the present stage of the trial has been received which has been kept at Flag-B. The report of learned Sessions Judge, Begusarai dated 09.04.2024 suggests that the trial is likely to be concluded within eight months.

Considering the fact that petitioner has direct

Patna High Court CR. MISC. No.77735 of 2023(5) dt.21-06-2024 3/3 allegation of opening fire to the informant as a result of which, he sustained gunshot injuries and the criminal antecedents of the petitioner, this Court is not inclined to enlarged the petitioner on bail. The prayer for bail of the petitioner stands rejected.

The Trial Court is directed to expedite the trial and conclude the same within a period of six months. The petitioner will be at liberty to renew his prayer for bail, if the trial is not concluded within six months.

(Sunil Kumar Panwar, J) Shageer/- U T