Ajay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28994 of 2017 Arising Out of PS.Case No. -62 Year- 2016 Thana -SARAI District- VAISHALI(HAJIPUR) ====================================================== Ajay Rai, son of Girbal Dhari Rai, resident of Village/ Mohalla- Mansurpur, P.S.- Sarai, District- Vaishali.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur For the Informant : Mr. M.C. Gandhi For the Opposite Party/s : Mr. Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sarai P.S.Case No. 62 of 2016 registered for the offences punishable under Sections 147, 148, 149, 341, 342, 302, 504, 120B of the Indian Penal Code and 27 of the Arms Act.

Petitioner is named in the FIR and it is alleged that petitioner and other co-accused persons have taken the deceased and thereafter some accused person fired causing death to the deceased.

It has been submitted on behalf of the petitioner that there is no allegation against the petitioner of any overt act and further submission is that in this case that case diary shows that inquest report and seizure list were prepared prior to lodging of

Patna High Court Cr.Misc. No.28994 of 2017 (3) dt.18-07-2017 2/2 FIR and thereafter written report has been recorded and that shows falsity of the case and he is in custody since 22.3.2017. Heard learned APP and learned counsel for the informant. Learned counsel for the informant has opposed the prayer for bail stating that petitioner has criminal antecedents also and further impugned order shows that learned Sessions Judge has rejected his prayer for bail with an observation to renew his prayer after framing of charge.

Having heard both sides and considering the aforesaid facts and circumstances and also considering the observation of learned Sessions Judge to renew prayer for bail after framing of charge, I am not inclined to interfere with the order of learned Sessions Judge.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U