Shiv Narayan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79826 of 2024 Arising Out of PS. Case No.-113 Year-2023 Thana- TRIVENIGANJ District- Supaul ====================================================== Shiv Narayan Yadav S/O- Ram Prasad Yadav Village- Kusaha Tola Mayurwa W.No-3, Ps-Tribeniganj Dist- Supaul ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Nafisu Zzoha, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 07-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Triveniganj P.S. Case No. 113 of 2023 registered for the offences punishable under Sections 148, 149, 342, 447, 341, 323, 427, 326, 307, 380, 506 of the IPC and Section 27 of the Arms Act.

3. As per prosecution case, the allegation against the petitioner is that he fired a bullet with intention to kill the informant, but it hit him on his buttock and he fell down.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that this is second bail petition, earlier bail petition of the petitioner was rejected by this Court vide order dated 19.02.2024 passed in Cr. Misc. No. 72887 of 2023 with observation as follows:- "The trial court is directed to conclude the trial within a period of six months from the

Patna High Court CR. MISC. No.79826 of 2024(2) dt.07-02-2025 2/2 date of receipt of this order. If the trial is not concluded within the aforesaid period of six months, the petitioner shall be liberty to renew his prayer for bail."

5. It is further submitted that no witness has been examined yet only summons is issued against the witness. It is further submitted that only one injury is caused by the petitioner upon the informant. It is also submitted that petitioner is in judicial custody since 28.06.2023.

6. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J-III, Supaul in connection with Triveniganj P.S. Case No. 113 of 2023.

(Ramesh Chand Malviya, J) Mayank/- U T