Raju Rai @ Raj Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12560 of 2015 Arising Out of PS. Case No.-69 Year-2012 Thana- DIGHA District- Patna ====================================================== 1.

Raju Rai @ Raj Kumar s/o Mani Shankar Rai 2.

Mani Shankar Rai S/o Late Sita Ram Rai Both are residents of Ghusuk Tola Near Polson, Digha Ghat, P.S.- Digha, District- Patna ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suraj Narain Yadav, Adv For the Opposite Party/s :

Mr.B.M.P.Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 02-07-2019 Heard learned counsel for the parties.

2. Petitioners are aggrieved by order dated 18.12.2014 passed by learned A.D.J.-I, Patna in Sessions Trial No.90 of 2013 arising out of Digha P.S.Case No.69 of 2012 against that portion of the order whereby the petitioners have been asked to face trial for offenes under Sections 307/149 I.P.C. also.

3. According to FIR, the petitioners and others variously armed with different weapon including a pistol entered into the house of the informant and on the order of petitionerMani Shankar Rai, another petitioner- Raju Rai fired from his pistol causing injury at the thigh of Jagdish Singh, the brother of the informant.

Patna High Court CR. MISC. No.12560 of 2015 dt.02-07-2019 2/2

4. Challenge is on the ground that the Doctor has not recorded that firearm injury was noticed by him though the Doctor is of the opinion that grievous injury was there.

5. In my view, prima facie material is there to ask the petitioners to face trial under Sections 307/149 I.P.C.alongwith other offences. Hence, there is no merit in this application. Accordingly, it stands dismissed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 06.07.2019 Transmission Date 06.07.2019