Ram Aslok Prasad @ Ram Aslok Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16631 of 2017 Arising Out of PS.Case No. -1 Year- 2014 Thana -JURAWNPUR District- VAISHALI(HAJIPUR) ====================================================== Ram Aslok Prasad @ Ram Aslok Rai, Son of Baujan Rai, Resident of village - Jurawanpur Barari, P.S. Jurawanpur, District - Vaishali. .... .... Petitioner.
Versus
The State of Bihar .... .... Opposite Party.
====================================================== Appearance :
For the Petitioner : Mr.
For the State : Mr.
For the Informant : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------------- 11-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant.
The petitioner seeks bail in connection with Jurawanpur P.S. Case No.01 of 2014 registered under Sections 307 and 302/34 of the Indian Penal Code besides Section 27 of the Arms Act, pending in the court of the Judicial Magistrate, First Class, Vaishali at Hajipur.
The accusation of the informant is that in the evening of 01.01.2014, he was at the Verandah of Jurawanpur Police Station. At that time, Srikant Rai alongwith his three men came on white colour Sumo vehicle and parking the same in the field,
Patna High Court Cr.Misc. No.16631 of 2017 (4) dt.11-05-2017 2/3 entered into the campus of the police station and started to talk to the Officer Incharge Anil Kumar. In the meantime, Sudhir Singh alongwith his 3-4 men also came at the police station and, thereafter, Srikant Mukhiya and Sudhir Singh started to hot talk abusing to each other. While Officer Incharge Anil Kumar tried to pacify the matter but both started to scuffle with each other in the campus of the police station. In the meantime , on the order of Srikant Rai, his men Ram Aslok Rai (petitioner), Kamleshwari Rai and Nawal Rai started to open firing which hit to Sudhir Singh and the Officer Incharge Anil Kumar and, thereafter, they fled away taking the advantage of the darkness. The Officer Incharge Anil Kumar and Sudhir Singh, later on, died.
Learned counsel appearing on behalf of the petitioner submits that except the informant and one witness, namely, Sushil Paswan, whose statements are detailed in paragaphs-3 and 4 of the case diary respectively, none has stated about the petitioner to make firing at the time of the occurrence. The petitioner having no criminal antecedent is in custody since 16.11.2016. There is specific allegation against the petitioner, Kamleshwari Rai and Nawal Rai to open fire at both the deceased, namely, tshe Officer Incharge Anil Kumar and Sudhir Singh. Having regard to the facts and the circumstances of the
Patna High Court Cr.Misc. No.16631 of 2017 (4) dt.11-05-2017 3/3 case and the nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, the prayer of the petitioner for grant of bail stands rejected.
(Rajendra Kumar Mishra, J) P.S./- U T