Patna High CourtCR. MISC./32475/2016dismissed

Mukesh Rai @ Gorakh Rai @ Goraka v. The State Of Bihar

2016-09-26Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32475 of 2016 Arising Out of PS.Case No. -53 Year- 2015 Thana -RAGHOPUR District- VAISHALI(HAJIPUR) ====================================================== MUKESH RAI @ GORAKH RAI @ GORAKA, S/o.- Purushottam Rai, resident of Village- Mirampur; P.S.- Raghopur; District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Rajesh Kumar Singh For the Opposite Party/s : Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-09-2016 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The petitioner seeks bail in a case instituted under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the petitioner is of opening fire upon the father of the informant, causing his death. It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.12.2015. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. He has falsely been implicated in the present case.

Patna High Court Cr.Misc. No.32475 of 2016 (4) dt.26-09-2016 2/2 On behalf of the state and the counsel for the informant it has been submitted that the petitioner is named in the F.I.R. There is specific allegation of causing firearm injury on the chest of the deceased. The informant is an eyewitness to the alleged occurrence.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in Raghopur P.S. Case No. 53 of 2015, corresponding to G.R. No. 2745 of 2015, pending in the court of learned Additional Chief Judicial Magistrate-IVth, Vaishali at Hajipur. Anyhow, the trial court is directed to take all necessary steps to expedite the trial.

(Sudhir Singh, J.) Amit/- U T