Patna High CourtCR. MISC./32782/2020rejected

Rajesh Ray @ Rajesh Rai v. The State Of Bihar

2020-12-08Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32782 of 2020 Arising Out of PS. Case No.-154 Year-2020 Thana- TAJPUR District- Samastipur ====================================================== Rajesh Ray @ Rajesh Rai aged about 35 years Son Of Ram Udgar Ray Resident Of Village - Darba, P.S.- Tajpur, Halai O.P., District - Samastipur ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Krishna Kant Singh, Advocate For the Opposite Party :

Mr. Khurshid Anwar A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-12-2020 Heard learned counsel for the petitioner as well as learned counsel for the State through video conferencing. The petitioner seeks bail in Tajpur (Halai OP) Police Station Case No. 154 of 2020 registered for the offences punishable under section 307 and other allied sections of the Indian Penal Code and section 27 of the Arms Act. Case of the prosecution is that on 9.5.2020 at 9 pm when the informant was taking meal with his wife, all of a sudden the petitioner and other accused persons started making fire. In the meantime, fire opened by co-accused Mithilesh Rai hit his wife and when his brother Mantosh Kumar tried to save her, the petitioner fired shot from his pistol which hit his right chest and he fell down. When informant's cousin tried to save him, co-accused Arjun Rai fired causing injury on his leg. Other

Patna High Court CR. MISC. No.32782 of 2020(2) dt.08-12-2020 2/2 accused persons also made indiscriminate firing on the family members of the informant.

Learned counsel for the petitioner submits that the petitioner is next door neighbour of the informant. Injury reports do not support the allegation caused by fire arms as per the allegation. Petitioner is in custody since 23.5.2020. Learned counsel for the State opposes the prayer for bail and submits that there is allegation in the FIR that the petitioner opened fire from his pistol which hit on the vital part of the body of Mantosh Kumar.

In view of the nature of allegation, prayer for bail of the petitioner is refused.

(Prabhat Kumar Singh, J) Shashi U T