The High Court rejected the petitioner's bail prayer due to serious allegations of firing causing firearm injuries. The court directed the trial court to expedite proceedings, allowing bail renewal if the trial exceeds nine months.
Prayer for bail rejected; trial directed to be concluded preferably within nine months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22202 of 2022
Arising Out of PS. Case No.-584 Year-2021 Thana- SAHARSA SADAR District- Saharsa
======================================================
MITHU YADAV @ MITHILESH YADAV Son of Late Hari Yadav R/o vill.Rahuwamani, P.S.- Bangaon, Distt.- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Abhishek For the Opposite Party/s : Mr.Narsingh Tanti ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 13-07-2022 Let the defect(s), as pointed out by the office, be
removed within a period of four weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Saharsa P.S. Case No. 584 of 2021 registered for the offences punishable under Sections 341, 323, 307, 504, 34 of the Indian Penal Code and Section 27 of the Arms Act.
As per prosecution case, it is alleged that petitioner made firing upon the informant which hit the leg and having sustained firearm injury he fell down. It is further alleged that petitioner again made firing upon Trilok Yadav as a result of which he sustained firearm injury on his leg.
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.22202 of 2022(2) dt.13-07-2022 2/2
petitioner is in custody since 27.11.2021. Charge sheet has been submitted in the case and there is no likelihood of tampering the evidence. Petitioner is innocent and he has falsely been implicated in the present case due to local village politics.
The learned A.P.P. for the State opposes the prayer for bail of the petitioner by submitting that petitioner made firing upon two persons who sustained firearm injury. He further submits that petitioner bears criminal antecedent of eight cases
Considering this aspect of the matter that there is direct allegation of firing against the petitioner upon two persons who sustained firearm injury, this court is not inclined to grant bail to the petitioner. Accordingly, his prayer for bail stands rejected.
However, the learned court below is directed to expedite the trial. If the trial is not concluded preferably within nine months, the petitioner may renew the prayer of bail.
(Alok Kumar Pandey, J)
shahzad/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner accused of firing upon two persons resulting in firearm injuries.
Whether the learned court below should be directed to expedite the trial in the pending case.
2 provisions across 2 enactments
Mithu Yadav @ Mithlesh Yadav
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
