The court held bail should not be granted to a petitioner accused of offences under Sections 341, 323, 325, 307/34 IPC, and the Arms Act, where the informant sustained a gunshot injury. The bench directed the trial court to conclude the trial within nine months.
Prayer for bail rejected; directed to conclude the trial 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.26420 of 2022
Arising Out of PS. Case No.-226 Year-2020 Thana- ASHTHAWAN District- Nalanda
======================================================
GORELAL YADAV Son of Balak Yadav @ Ram Balak Yadav Resident of Village - and P.O.- and P.s.- Asthawan, Distt.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Dineshwar Prasad Singh For the Opposite Party/s : Mr.Ashok Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 01-09-2022
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 Asthawan P.S. Case No. 226 of 2020 registered for the offences punishable under Sections 341, 323, 325, 307/34 of the Indian Penal Code and section 27 of the Arms Act.
As per prosecution case, petitioner made indiscriminate firing approx 15 round which hit the temple of the informant’s husband due to which he became unconscious and fell down.
Learned counsel for the petitioner submits that petitioner is in custody since 22.10.2021. Petitioner bears one
Patna High Court CR. MISC. No.26420 of 2022(2) dt.01-09-2022 2/2
criminal antecedent. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that there is a case and counter case between the parties and present case is counter blast of Asthawan P.S. Case No. 225 of 2020 lodged by the wife of the petitioner. It is further submitted that there is no independent witness of the alleged occurrence.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner as impugned order indicates that from perusal of para 16 and 48 of case diary it appears that the informant sustained gun shot injury and the injury is grievous in nature.
Considering the facts and circumstances of the case as well as accusation leveled against the petitioner is coupled with the injury report, I am not inclined to grant bail to the present petitioner. Accordingly, prayer for bail of the present petitioner is rejected.
However, learned court below is directed to conclude the trial within nine months from the date of receipt of this order.
(Alok Kumar Pandey, J)
amitkr/-
U T
3 issues framed by the court
Whether bail should be granted to a petitioner accused of offences under IPC and the Arms Act involving a fatal injury?
How should the completion of trial be enforced when bail is denied?
What is the impact of the gravity of the alleged injury on bona fide bail application?
Gorelal Yadav
The State of Bihar
Allok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
