Baristar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13145 of 2021 Arising Out of PS. Case No.-262 Year-2020 Thana- SAHPUR District- Patna ====================================================== Baristar Rai, S/O Budhu Rai, Resident of Village-Hathiyakandh, P.S.- Shahpur, Distt- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Anil Kumar Choudhary, Advocate For the State :

Ms. Pushpa Sinha, APP For the Informant :

Mr. Anil Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-09-2021 The matter has been taken up today for consideration through video conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology.

Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Shahpur P.S. Case No.262 of 2020 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 354, 504 of the Indian Penal Code and Section 27 of the

Patna High Court CR. MISC. No.13145 of 2021(7) dt.20-09-2021 2/3 Arms Act, which is pending in the court of learned A.C.J.MI, Danapur, District-Patna. The allegation is that while the informant was moving on a wheelchair, several persons, including the petitioner, have indiscriminately assaulted him. Firearm injury is attributed to the petitioner.

Petitioner's Counsel submits that the informant fell down from wheelchair and in collusion with the police has falsely implicated the petitioner. The treatment has also allegedly been done in a private hospital which casts a suspicion on the implication of the petitioner. Learned APP submits that the petitioner is earlier accused in a murder case and another case of similar nature, as per antecedents reports. Apart from these antecedents, it is submitted that the injury report manifests the allegations against the petitioner.

Considering the rival submissions and the custody of the petitioner since 18.07.2020 as also the facts and circumstances of this case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the learned APP. Prayer for bail is rejected, for the present.

Patna High Court CR. MISC. No.13145 of 2021(7) dt.20-09-2021 3/3 This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T