Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80936 of 2023 Arising Out of PS. Case No.-393 Year-2023 Thana- LAXMIPUR District- Jamui ====================================================== Shankar Yadav Son Of Late Amrit Yadav R/O Vill - Seva, P.S. - Gidhaur, Distt. - Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amar Prakash For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Laxmipur (Gidhaur) P.S. Case. No. 393 of 2023 instituted for the offence under Sections 147, 341, 323, 324, 307, 504 and 34 of the Indian Penal Code.

Allegation against the petitioner along with other coaccused persons is that they assaulted to the informant along with his father and the nephew of the informant. It is further alleged against this petitioner that he assaulted the informant's father by means of sword on his head due to which he sustained head injuries.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this present case

Patna High Court CR. MISC. No.80936 of 2023(3) dt.31-01-2024 2/2 due to previous enmity at the instance of land dispute. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 28.08.2023. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that petitioner is named in FIR and there is specific allegation of assault by means of sword upon the head of the informant's father due to which he sustained injuries. From perusal of the injury report which has been annexed in the case diary in which, doctor opined that several injuries sustained on the body of the informant's father caused by sharp weapon. During investigation, witnesses supported the prosecution case.

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 stands rejected.

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

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