Baleshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70389 of 2018 Arising Out of PS. Case No.-36 Year-2018 Thana- JAMUI District- Jamui ====================================================== Baleshwar Yadav Son of Lakhan Yadav, Resident of Village-Dighoya, P.S.- Jamui, District-Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Prasad For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-11-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Jamui P.S. Case No. 36 of 2018 instituted for the offence under Section(s) 147/148/149/307/447/504/506 of the Indian Penal Code and Section 27 of the Arms Act.

In the written report there is specific allegation against this petitioner of causing fire arm injury on the chest of informant on the right side.

The injury report of the injured is annexed as Annexure- 3 to the bail petition, wherein, the doctor has found lacerated wound on the right chest below clavicle of size 2"x 1/2" x 1/2" entry and exit. The doctor has opined the injury to be grievous in nature .

Patna High Court Cr.Misc. No.70389 of 2018(2) dt.30-11-2018 2/2 Learned counsel for the petitioner has submitted that X-ray of chest of the injured showed no bony injuries. Learned APP for the State has submitted that in the supplementary injury report X- ray of his right shoulder shows a metallic substance on right upper arm.

As such, there is specific allegation against the petitioner of causing fire arm injury on the chest of informant on the right side which get support from injury report. Therefore, this Court is not inclined to grant bail to the petitioner at this stage. The prayer for bail of the petitioner stands rejected.

Trial Court is directed to expedite the trial. (Sanjay Priya, J) shyambihari/- U T