Patna High CourtCR. MISC./8189/2015rejected

Rakesh Kumar @ Don v. The State Of Bihar

2015-07-20Mr. Justice Amaresh Kumar Lal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8189 of 2015 Arising Out of PS.Case No. -142 Year- 2013 Thana -KOCHAS District- SASARAM (ROHTAS) ====================================================== Rakesh Kumar @ Don Son of Bashishth Sah resident of VillageMaheshpur, P.S.- Karagahar (Barahari O.P.), District- Rohtas at Sasaram .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 20-07-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered for the offence punishable under Sections 399, 402, 414, 467, 468, 471, 420, 307 and 34 of the Indian Penal Code and 25(1-b)a, 26, 27 and 35 of the Arms Act.

The allegation is that on getting information that petitioner was collecting the interstate criminals at the house of Akhilesh Pandey, the officer-in-charge of Kochas Police Station and the police officer of Parsathua police station went to make raid in the house of Akhilesh Pandey. One of the criminals shot fire at the informant which did not hit him. While the other police officer (Randhir Kumar Singh) of Parsathua Police Station was also making raid, the petitioner came out with another accused and fired which caused injury to him. A huge quantity of arms and ammunitions were recovered from the place of occurrence. Learned counsel for the petitioner submits that it is not clear whether the petitioner has shot fire or his companions. However, the petitioner has been in custody since 7.1.2014. Learned counsel for the State submits that the petitioner

Patna High Court Cr.Misc. No.8189 of 2015 (5) dt.20-07-2015 2 / 2 is the leader of the gang of criminals who had assembled at the house of Akhilesh Pandey and the petitioner fired at the police officer which caused grievous injury to him. After investigation the case has been found true and it has been committed to the court of sessions. The petitioner has also criminal antecedent. Considering the facts and circumstances, in my opinion, the petitioner does not deserve bail and his prayer for bail is rejected at this stage.

Let the trial of the petitioner in Kochas P. S. Case no. 142 of 2013 be expedited.

(Amaresh Kumar Lal, J) sudip/- U T