Shailendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14294 of 2019 Arising Out of PS. Case No.-141 Year-2017 Thana- PARSA District- Saran ====================================================== Shailendra Rai Son of Late Raj Kishore Rai Resident of Village - Bhalwahiya,p.s-parsa,dist-saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 147, 148, 149, 341, 323, 302 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in brief, is that while the informant and other members were keeping vigil of his land, all of a sudden, the accused persons reached there and exploded bomb, as a result of which, the persons from informant side sustained grievous injury and in course of treatment, one person died. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 21-08-2017. Charge sheet has

Patna High Court CR. MISC. No.14294 of 2019(5) dt.19-07-2019 2/2 already been submitted. The petitioner along with other accused namely Sahdeo Rai is alleged to have fired upon the deceased. The deceased succumbed to the injury. The death took place on the side of accused has not been explained by the prosecution. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the fact that there is specific allegation of firing against the petitioner, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Parsa P.S. Case No. 141 of 2017 is rejected. The trial court is directed to expedite the trial and conclude the same, preferably within a period of nine months from the date of receipt/production of copy of this order. (Sudhir Singh, J) A.K.V.//- U T