Birendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30572 of 2019 Arising Out of PS. Case No.-450 Year-2018 Thana- GARKHA District- Saran ====================================================== Birendra Rai Son of Late Sheo Nath Rai Resident of Village - Tahal Tola, P.S.- Garkha, Distt - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-09-2019 Heard the parties.

The petitioner seeks bail in Garkha P.S. Case No. 450 of 2018, registered for the offences punishable under Sections 341, 323, 324, 307, 504 and 34 of the Indian Penal Code and section 27 of the Arms Act.

Prosecution case is that on 14.10.2018 while informant was returning after irrigating his paddy field and reached near shop of this petitioner, petitioner along with other co-accused variously armed intercepted the informant and started abusing him. On protest, petitioner opened fire twice upon the informant.

It is submitted on behalf of the petitioner that petitioner is innocent. Entire allegation is false and fabricated. There is case and counter case. Petitioner is in custody since

Patna High Court CR. MISC. No.30572 of 2019(5) dt.18-09-2019 2/2 27.03.2019.

Considering the fact that there is specific allegation against this petitioner that it was the petitioner who fired twice upon the informant causing injury to him and the fact that petitioner has got criminal antecedent, I am not inclined to enlarge the petitioner above-named on bail in connection with Garkha P.S. Case No. 450 of 2018. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) vinita/- U T