Patna High CourtCR. MISC./54526/2015rejected

Pradeep Rai v. The State Of Bihar

2016-03-30Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54526 of 2015 Arising Out of PS.Case No. -545 Year- 2014 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. Pradeep Rai Son of Gulab Rai Resident of Village- Chukunda Milki, P.S.- Hajipur Sadar, Distt- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjit Kumar Thakur For the Opposite Party/s : Mr. Ram Anurag Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-03-2016 Heard the learned counsel for the petitioner, the learned A.P.P for the State as also the learned counsel for the Informant.

The petitioner seeks bail in a case for the offences punishable under sections 147, 148, 149, 341, 323, 324, 307, 302 and 506 of the I.P.C The allegation against the petitioner is that he in the occurrence assaulted Innar Rai, the brother of the informant, with sword on his head and other co-accused assaulted with iron rod, lathi and danda resulting Innar Rai died in the way to Patna. Submission is of false implication and that against the petitioner though there is specific allegation for causing the head

Patna High Court Cr.Misc. No.54526 of 2015 (9) dt.30-03-2016 2/2 injury with sword but against other also there are allegation for assaulting Innar Rai and during postmortem the doctor has found the injury caused by sharp weapon and hard blunt substance also and as such the petitioner deserves sympathetic consideration, to which the learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for bail by submitting that the petitioner is the assailant and the medical evidence also supports the prosecution version.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, serious in nature, I am not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Hajipur Sadar P.S. Case No. 545 of 2014 pending in the court of C.J.M. Vaishali at Hajipur.

However, considering detention of the petitioner, let the trial be expedited and concluded within nine months. (Jitendra Mohan Sharma, J) Abhay/- U T