Patna High CourtCR. MISC./63510/2017rejected

Pawan Das v. The State Of Bihar

2018-01-19Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63510 of 2017 Arising Out of PS.Case No. -79 Year- 2017 Thana -NAYA RAM NAGAR District- MUNGER ====================================================== Pawan Das S/o Late Dina Das, R/o Village- Garhi Rampur, P.S.- Naya Ram Nagar, District- Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 19-01-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Naya Ram Nagar P.S. Case No.79 of 2017, giving rise to Sessions Trial No.277 of 2017, registered under Sections 341, 323, 307, 302 and 504/34 of the Indian Penal Code. Allegation in brief is that accused persons assaulted the informant side and also opened fire. The specific allegation against the petitioner is that he fired on the nephew of the informant causing injury in his leg and from firing done by Mukesh Das, Raghu Das was killed.

Submission of the learned counsel for the petitioner is that there is land dispute between both sides and the specific

Patna High Court Cr.Misc. No.63510 of 2017 (3) dt.19-01-2018 2 /2 allegation against this petitioner is of causing fire arm injury on the non-vital part of the body that is the leg of one of the injured Chandan Das and the petitioner is in custody since 01.05.2017. Having considered the said facts and circumstances, the prayer of bail of the petitioner is rejected at this stage in connection with Naya Ram Nagar P.S. Case No.79 of 2017, giving rise to Sessions Trial No.277 of 2017, pending in the court of learned Additional Sessions Judge-II, Munger. However, the petitioner may renew his prayer of bail after nine months if the trial is not concluded within the said period.

(Arun Kumar, J.) S.Kumar/- U T