Suresh Rai @ Suresh Kumar Ray @ Suresh Pd. Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8144 of 2022 Arising Out of PS. Case No.-230 Year-2021 Thana- MAHESI District- East Champaran ====================================================== Suresh Rai @ Suresh Kumar Ray @ Suresh Pd. Yadav Son Of Baidhnath Rai R/O Village- Kothiya, Hareram, P.S.- Mehsi, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhurendra Kumar For the Opposite Party/s :
Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-05-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in Mehsi P.S. Case No. 230 of 2021, registered for the offence punishable under Sections 302/34 of the Indian Penal Code and section 27 of the Arms Act. As per the FIR, while the informant's husband was going to Chakia cement godown, on the way, this petitioner along with co-accused Pramod Rai came on motorcycle caused firearm injury to him, as a result of which informant's husband died on the spot.
It is submitted on behalf of the petitioner that informant is not eye-witness of the occurrence. During course of investigation, informant in her re-statement has stated that she came to know that this petitioner along with co-accused Pramod
Patna High Court CR. MISC. No.8144 of 2022(3) dt.16-05-2022 2/2 Rai committed murder of her husband and she came to know this fact from others. Petitioner is in custody since 05.10.2021 having no criminal antecedent.
Learned APP however, vehemently opposed the prayer for bail and submitted that there is specific and direct allegation against this petitioner that he along with co-accused Pramod Rai caused firearm injury causing death of informant's husband.
Considering the nature and gravity of offence, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.
(Prabhat Kumar Singh, J) vinita/- U T