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Patna High CourtCR. MISC./60544/2017rejected

Bhikhar Rai v. The State Of Bihar

2018-02-17Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60544 of 2017 Arising Out of PS.Case No. -147 Year- 2016 Thana -MASRAKH District- SARAN ====================================================== Bhikhar Rai S/o Late Haricharan Rai resident of Village - Mathiya, Kawalpura, P.S. - Mashrak, District - Saran at Chapra. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dewendra Narayan Singh, Adv. For the Opposite Party/s : Mr. Sri S. Ehteshamuddin, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 323, 341, 307, 504, 506 of the Indian Penal Code and 27 of Arms Act and later on Section 302 of the Indian Penal Code was added.

Petitioner allegedly fired, as a result whereof, caused firearm injury to the informant. Petitioner is in custody since 01.11.2017.

Submission is that the investigation is complete now. Petitioner is ready to cooperate with the trial. Learned counsel for the informant opposed the prayer for bail for the reason of seriousness of allegation

Patna High Court Cr.Misc. No.60544 of 2017 (4) dt.17-02-2018 as well as criminal antecedent of the petitioner. Considering the nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail for the present in connection with Mashrak P.S.Case No.147 of 2016 pending before the court of learned 6th Additional Chief Judicial Magistrate, Saran at Chapra. However, the prayer for bail of the petitioner would be considered favourably by the learned court below, if the trial is not concluded within six months from today. This application stands disposed of.

(Birendra Kumar, J) Nitesh/- U T