Patna High CourtCR. MISC./8953/2016rejected

Shalo Rai v. The State Of Bihar

2016-05-16Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8953 of 2016 Arising Out of PS.Case No. -377 Year- 2014 Thana -SAHEBPUR KAMAL District- BEGUSARAI ======================================================

1. Shalo Rai S/o Panna Rai Resident of village - Raghunathpur, P.S. S. Kamal,District - Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. H.A. Khan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 341, 324, 385, 307 and 504/34 of the I.P.C The allegation against the petitioner is that he opened fire with the country made katta upon the informant which hit his left rib cage. The occurrence has taken place due to non fulfillment of extortion money of Rs. 50,000/-.

Submission is of false implication and that no such occurrence has taken place, no independent witness has supported the prosecution case, the petitioner has voluntarily surrendered on 27.07.2015 and since then he is in custody having no criminal

Patna High Court Cr.Misc. No.8953 of 2016 (3) dt.16-05-2016 2/2 antecedent, to which the learned A.P.P. opposes by submitting that the informant Anuj Kumar has received fire arm injury which has been found grievous in nature which is mentioned in paragraph-18 of the supplementary case diary.

In the facts and circumstances as stated above, at present I am not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Sahebpur Kamal P.S. Case No. 377 of 2014 pending in the court of C.J.M. Begusarai.

However, the petitioner may renew his prayer for bail after examination of the informant during trial. (Jitendra Mohan Sharma, J) Abhay/- U T