Niraj Ray @ Budha Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43341 of 2016 Arising Out of PS.Case No. -131 Year- 2015 Thana -BIHIYA District- BHOJPUR ======================================================

1. Niraj Ray @ Budha Ray Son of Sri Yogendra Ray, resident of Village Sarangpur, Police Station Shahpur in the district of Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ahileshwar Prasad Singh, Sr. Advocate, Mr. Bimal Kumar For the Opposite Party/s : Mr. Panchanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-10-2016 Heard learned counsel for the petitioner and learned counsel for the State as well as informant.

The petitioner seeks bail in Bihiya P.S. Case no.131 of 2015 instituted for the offences under Sections 148, 149, 341, 307 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioner carries several cases over his head and there is direct allegation against him who has caused fire arm injury to the victim.

Learned counsel for the petitioner submits that prosecution story is fake and fabricated. If the informant has received any fire arm injury on his neck he would not be in a position to make any statement nor he has received any pellet

Patna High Court Cr.Misc. No.43341 of 2016 (2) dt.06-10-2016 injury.

From the First Information Report as well as from the impugned order it appears that petitioner has fired from his pistol causing injury to him on his neck.

Looking to the nature of allegation and past history of the petitioner, this Court is not inclined to enlarge the petitioner on bail. Accordingly the prayer for bail is rejected. However, the petitioner will be at liberty to renew his prayer for bail after completion of one year in jail custody. (Shivaji Pandey, J) Vinay/- U T