Rahul Kumar @ Rahul Yadav @ Rahul Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75399 of 2022 Arising Out of PS. Case No.-25 Year-2020 Thana- KISHUNPUR District- Supaul ====================================================== Rahul Kumar @ Rahul Yadav @ Rahul Kumar Yadav Son Of Subhash Yadav R/O Village- Nawa Bhakhar, P.S.- Kishanpur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv Mrs. Vaishnavi Singh For the Opposite Party/s :

Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in connection with Kishanpur P.S. Case No. 25 of 2020 instituted for the offence under Sections 147, 148, 149, 341, 342, 323, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act. As per allegation in the FIR, when the informant along with his daughter went to market for purchasing articles, meanwhile, accused persons including the petitioner came there and started firing. During course of this incident, this petitioner fired upon daughter of the informant which hit at her right arm due to which she sustained firearm injury.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.75399 of 2022(6) dt.19-06-2023 2/3 petitioner is innocent and committed no offence. He has falsely been implicated in this case. In fact, there was some dispute in between the informant and one Surya Narayan Yadav and the petitioner has no concern either with them or this case. It is also submitted that after completion of the investigation, I.O. has not sent up to the petitioner for trial but the learned Magistrate took cognizance against him after finding prima-facie case true. Moreover, the petitioner is languishing in judicial custody since 3.7.2022.

Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and submitted that from perusal of prosecution story, it appears that there is direct allegation against the petitioner who shot fire upon the daughter of the informant due to which she sustained gunshot injury. The injury report, which is mentioned in para 92 of the case diary, also corroborates the prosecution story wherein, doctor opined that the injured namely, Anju Devi sustained injury caused by firearm which is dangerous to life.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail

Patna High Court CR. MISC. No.75399 of 2022(6) dt.19-06-2023 3/3 stands rejected.

The trial Court is directed to expedite the trial and conclude the same as soon as possible.

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