Nunnu Rai @ Nunnu Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26706 of 2021 Arising Out of PS. Case No.-7 Year-2020 Thana- DARIYAPUR District- Saran ====================================================== NUNNU RAI @ NUNNU RAY S/o Late Ramjivan Rai @ Ramjiwan Ray Resident of Village- Rampur Jaiti, P.S. and P.O.- Dariyapur, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saket Anand, Adv.

For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-12-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code.

As per the prosecution case, the allegation against the petitioner and one Banaras Rai is of having given knife blow on the neck of the brother of the informant, as a result of which he fell down and died.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. Against the allegation of assault with knife on both petitioner and Banaras Rai, there is only one injury on the neck of the deceased. The petitioner is in custody since 27.1.2020 and charges have not been framed in the learned Court below.

Patna High Court CR. MISC. No.26706 of 2021(3) dt.21-12-2021 2/2 Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and on going through the materials on record it transpires that there is direct allegation against this petitioner of having given knife blow on the neck of the deceased and the same is supported from the contents of the postmortem report.

In the facts and circumstances of the case, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Bibhash U