Patna High CourtCR. MISC./42435/2016rejected

Dharmendra Rai @ Dharmendra Yadav v. The State Of Bihar

2016-12-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42435 of 2016 Arising Out of PS.Case No. -192 Year- 2015 Thana -ALAMGANJ District- PATNA ====================================================== Dharmendra Rai @ Dharmendra Yadav, Son of Sukhnandan Rai, Resident of Mohalla- Dadarmandi, P.S.-Alamganj, District - Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Awadhesh Kumar Yadav, Advocate.

For the Opposite Party : Mr. Pradeep Narain Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-12-2016 Heard both sides.

The petitioner seeks bail in Alamganj P.S. Case No. 192 of 2015, registered for the offences punishable under Sections 393, 307 and 34 of the Indian Penal Code and under Section 27 of the Arms Act.

The informant and his brother Vikash Kumar @ Vicky was returning to their house after closing the shop but when they reached near Dadar Mandi, Naya Tola three persons intercepted them and tried to snatch the bag containing sale proceeds. The informant identified the petitioner Dharmendra Yadav, son of Suhag Rai. Dharmendra Yadav is said to have fired causing injury on left armpit of Vikash Kumar @ Vicky, the brother of the informant.

Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.42435 of 2016 (3) dt.06-12-2016 2/2 petitioner was arrested on 06.02.2016. The petitioner is son of Sukhanand Rai and not Suhag Rai but from perusal of paragraph54 of the case diary it appears that the informant, himself, disclosed that it was Dharmendra Rai @ Dharmendra Yadav son of Sukhanand Rai it was he who committed crime. Considering the facts that the informant very well identified the petitioner who made an attempt to rob the informant and his brother and it was the petitioner who fired causing injury to Vikash Kumar @ Vicky, the brother of the informant, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T