Raju Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 27370 of 2020 Arising Out of PS. Case No.-530 Year-2018 Thana- BIHARSHARIF District- Nalanda ====================================================== RAJU RAM S/O Late Brahmdeo Ram Village - Kalyanpur, P.S. - Bihar, District - Nalanda.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr Manoj Kumar, Advocate For the Opposite Party/s :

Mr Sanjay Kr Pandey, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 20-10-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Heard learned counsel for the petitioner.

Mr Sanjay Kumar Pandey, APP is appearing as it is submitted that the brief has been allotted to him by the Office of Advocate General.

The petitioner seeks bail in Bihar Police Station (for brevity, PS) Case No 530 of 2018 dated 15.11.2018 instituted for the offence punishable under Sections 323, 341, 307, 504/34 of Indian Penal Code and Section 27 of Arms Act.

Patna High Court CR. MISC. No.27370 of 2020(2) dt.20-10-2020 2/2 Prosecution case is that the informant has been shot at by his own brother on instigation by his wife. The occurrence has taken place due to quarrel between the children. Petitioner's counsel submits that the petitioner's wife, who has allegedly instigated, has already been released on anticipatory bail by this Court by order dated 09.04.2019 passed in Cr Misc No 22155 of 2019. Petitioner is own brother of the victim.

Learned APP points out from the order of the Court below that the gunshot injury has been corroborated during the course of investigation. The petitioner, being own brother, has caused grievous firearm injury on his own brother. Considering the rival submissions, prayer for bail of petitioner is rejected for the present.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U