Dhirendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45031 of 2017 Arising Out of PS. Case No.-21 Year-2017 Thana- SAHPUR District- Bhojpur ====================================================== Dhirendra Rai s/o Late Rajendra Rai, resident of Village Damodarpur, P.S. Shahpur, District Bhojpur.

... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amarendra Kumar, Adv For the State :

Mr. SRI ASHARAF ANSARI, APP For the Informant : Mr. Ravindra Kumar, Adv =========================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant.

The Petitioner who is in custody seeks bail in connection with Shahpur P.S. Case No. 21 of 2017registered for the offence punishable under Sections 341, 323, 307, 120B of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the petitioner is that he was initially assaulted by FIR named accused persons and when he was running away petitioner Dhirendra Rai fired on the informant on his back and he sustained fire arm injury on his back. Petitioner submit that he has been falsely

Patna High Court Cr.Misc. No.45031 of 2017(2) dt.21-09-2017 2/3 implicated in this case due to previous enmity. Allegation is of firing from behind as such informant could not have seen it.

It has been submitted on behalf of the petitioner that the occurrence took place on 18.02.2017 and FIR was lodged on 19.02.2017, but the FIR reached to the office of A.C.J.M. on 28.02.2017 and there is no explanation for such long delay in reaching the FIR to the court of A.C.J.M. It has been further contended on behalf of the petitioner that this case is counter blast of Shahpur P.S. Case No. 279 of 2016, in which the father of the petitioner was shot dead and informant is one of the accused in the case. The petitioner has got no criminal antecedent and is in custody since, 12.06.2017. The injury is stated to be of fire arm but are simple in nature.

Mr. Ravindra Kumar, learned counsel appearing for informant has vehemently opposed the prayer for bail and submitted that there is direct allegation against the petitioner of firing on informant.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/-

Patna High Court Cr.Misc. No.45031 of 2017(2) dt.21-09-2017 3/3 (ten thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Chief Judicial Magistrate-XIV, Bhojpur, Ara in connection with B.P. No. 704 of 2017 in connection withShahpur P.S. Case No. 21 of 2017.

(S. Kumar, J) ranjan/- U