Rajesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29046 of 2020 Arising Out of PS. Case No.-136 Year-2019 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Rajesh Prasad, Son of Mahajan Prasad, Resident of Village - Tarwara Koeri tola, P.S.- G.B. Nagar, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Ajay Kumar Tiwary, Advocate For the S t a t e :

Mr.Syed Mojibur Rahman, APP For the Informant :

Mr. Manoj Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-11-2020 Since as of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through video conferencing. The learned counsels are appearing and making submissions from their residence.The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology.

Mr.Syed Mojibur Rahman, learned APP is appearing for the State as it is submitted that the brief has been allotted to him by the office of Advocate General. Heard learned counsel for the petitioner. Learned APP for the State is present. Appearance has also been filed

Patna High Court CR. MISC. No.29046 of 2020(2) dt.11-11-2020 2/3 on behalf of the informant by Mr. Manoj Kumar Singh, Advocate.

At the outset, it is submitted by the petitioner's counsel that a typographical error has crept in paragraph 1 of the petition, wherein instead of Section 307 of the Indian Penal Code, Section 302 of the Indian Penal Code has been typed.

The petitioner seeks bail in connection with G.B. Nagar P.S. Case No.136 of 2019 registered for the offence punishable under Section 307/34 of the I.P.C., which is pending in the court of learned Chief Judicial Magistrate, Siwan.

The prosecution case is that the petitioner has fired upon the cheek of the victim.

Petitioner's counsel submits that it is a case of false implication and the petitioner is suffering from mental disease and is undergoing treatment. He is in custody since 18.12.2019.

Learned APP for the State has opposed the prayer for bail. It is submitted that the gun-shot injury has been found in the medical examination. The allegation stands corroborated. The petitioner is accused of firing upon the

Patna High Court CR. MISC. No.29046 of 2020(2) dt.11-11-2020 3/3 cheek of the victim.

Considering the rival submissions and gravity of allegations, this Court, for the present, is not inclined to allow the petitioner's prayer for bail. The same is rejected. This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

(Madhuresh Prasad, J) PNM U T