Muneshwar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22201 of 2024 Arising Out of PS. Case No.-22 Year-2022 Thana- GANGABRIDGE District- Vaishali ====================================================== Muneshwar Ray Son Of Late Ramishwar Ray Resident Of Village- Terasia, Ward No. 14, P.S.- Ganga Bridg, Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Ganga Bridge P.S Case No. 22 of 2022 instituted for the offences punishable under Sections 326 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Allegation against the petitioner along with other coaccused persons is to have caused fire arm injury to the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case, there is general and omnibus allegation against the petitioner and he is in custody since 04.11.2023.

5. Learned APP for the State and learned counsel for the informant vehemently opposed the prayer for bail.

6. From perusal of the case diary, first information report and the impugned order dated 31.01.2024, it appears that the specific allegation is against the petitioner of firing by pistol upon

Patna High Court CR. MISC. No.22201 of 2024(3) dt.22-05-2024 2/2 the informant causing injury to him. The seizure list mentioned in para-5 of the case diary shows that five empty cartridges were seized from the place of occurrence. The injury report of the victim attached with the case diary and mentioned in para-44 of the case diary also shows that the doctor has found entry wound caused by fire arms, entry wound circular irregular margin apprehended collar with red blood and short particles present over right chest 2" wound to right nipple, size of wound is circular and 1⁄2" diameter and suggested Xray of chest, primary treatment has been given and referred to Patna Medical College and Hospital, Patna. Age of injury is within four hours and substance used is fire arm weapon and the opinion regarding nature of injury was kept reserved by the doctor and several witnesses have also supported the case of the prosecution and also the petitioner having two criminal antecedents as stated in para-3 of the petition, as such, I am not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T