Avinash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51674 of 2015 Arising Out of PS.Case No. -87 Year- 2015 Thana -SAHAR District- BHOJPUR ======================================================

1. Avinash Rai, Son of Shambhu Saran Rai, Rsident of Village- Perhap, P.S. Sahar, District- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 14-12-2015 Heard the Counsel for the petitioner and Mr. Das Special P.P. for the State.

Petitioner is facing accusations punishable under section 307 IPC and diverse penal provisions of the SC/ST Act vide Sahar P.S. Case No 87 of 2015.

An altercation is alleged to have taken place in which the petitioner threatened the prosecution side and thereafter resorted to indiscriminate firing in which as many as three injuries were received. Another person who received injury was caused was hard blunt substance.

Contention of the petitioner is that he does not own any Sharab Bhatti which is the cause of the quarrel. He is in custody since 9.8.2015.

Learned Special P.P., on the other hand, placed the F.I.R. to

Patna High Court Cr.Misc. No.51674 of 2015 (2) dt.14-12-2015 2/2 contend that allegation of causing injury by gun shot, in the facts of the case, is directed against the petitioner only. He has also pointed out the criminal antecedent of the petitioner from the records.

Considering the submissions of the parties, I find no merit for grant of bail in the present case. Prayer is rejected. Petitioner may renew his prayer for bail after 07 months if the trial does not record adequate progress.

(Kishore Kumar Mandal, J) Pankaj/- U T