Patna High CourtCR. MISC./17474/2019dismissed

Tuntun Rai @ Tuntun Kumar @ Tuntun Kumar Rai v. The State Of Bihar

2019-06-21Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17474 of 2019 Arising Out of PS. Case No.-141 Year-2018 Thana- PHULWARIA District- Begusarai ====================================================== TUNTUN RAI @ TUNTUN KUMAR @ TUNTUN KUMAR RAI Son of Late Sahindra Rai Resident of Village- Malti, P.S.- Phulwariya, DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Thakur, Mrs. Babita Kumari For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Phulwariya P.S. Case No. 141 of 2018 instituted for the offences under Sections 323, 307, 341/34 of the Indian Penal Code and 27 of the Arms Act. The prosecution case in short is that the accused persons came to the shop of the informant and fired at him due to which he received injury.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 3.1.2019. There is no allegation of tampering of witnesses alleged against the petitioner. Chargesheet has been submitted in the present case. The petitioner has falsely been implicated in the present case due to previous

Patna High Court CR. MISC. No.17474 of 2019(4) dt.21-06-2019 2/2 enmity. F.I.R. has been instituted after a delay of 24 hours. The delay has not been explained by the prosecution. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The informant is said to be eye witness. The petitioner and others are said to have fired upon the informant. The injury report also supports the allegations made in the F.I.R.

Considering the same, I am not inclined to grant bail to the petitioner. Prayer is rejected at this stage. (Sudhir Singh, J) Pankaj/- U T