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Patna High CourtCR. MISC./62762/2018rejected

Mithilesh Choudhary v. The State Of Bihar

2018-11-01Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62762 of 2018 Arising Out of PS. Case No.-43 Year-2018 Thana- JURAWANPUR District- Vaishali ====================================================== Mithilesh Choudhary, Son of Sri Bhudeo Choudhary, Resident of VillagePurbi Paharpur, Police Station-Jurawanpur in the District of Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhu Narayan Sharma For the Opposite Party/s :

Mr. Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-11-2018 Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the Informant.

The Petitioner seeks bail in Jurawanur P.S. Case No. 43 of 2018 registered for the offence punishable under Sections 147, 148, 448, 341, 323, 337, 338, 307, 427 and 504 of the Indian Penal Code and Section 27 of the Arms Act. Informant in his fardbeyan has stated that when he opposed the breaking of the gate of his sanitary house by the sons and wife of the petitioner, then they proceeded to their house abusing him, and thereafter petitioner came with his double barrel licensed gun and when his daughter and granddaughter were washing the utensils, he started indiscriminate firing which hit them on account of which they sustained

Patna High Court Cr.Misc. No.62762 of 2018(3) dt.01-11-2018 2/2 grievous injuries and are under treatment.

Petitioner has got no criminal antecedent and is in custody since 27.06.2018.

Learned counsel for the Informant vehemently opposes the prayer for bail.

Considering the direct allegation against the petitioner, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is hereby rejected. However, the trial court is directed to expedite the trial of the petitioner and conclude the same at the earliest. Petitioner would be at liberty to renew his prayer for bail after completing one year of custody in jail.

(S. Kumar, J) ranjan/- U