Raj Kishore Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35957 of 2023 Arising Out of PS. Case No.-237 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== RAJ KISHORE SAH Son of Shambhu Sah Resident of Village- Rupdih, Police Station- Muffasil, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ansul, Advocate For the informant :

Mr. Rajesh Kumar, Advocate For the State :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-07-2023 Heard Mr. Ansul, learned counsel for the petitioner and Mr. Rajesh Kumar, learned counsel appearing on behalf of the informant as also learned APP for the State. The petitioner is in judicial custody in connection with Muffasil P.S. Case No. 237 of 2023 for the offence punishable under Sections 147, 149, 341, 323, 307 & 504 of the I.P.C. and Section 27 of the Arms Act lodged on 23.3.2023 by the informant, Pratima Devi.

As per the prosecution story, the allegation is of assaulting the informant's side and specific allegation against the petitioner is of opening fire causing injury below the chest of the informant's husband.

The injury report shows the same to be grievous in

Patna High Court CR. MISC. No.35957 of 2023(2) dt.19-07-2023 2/2 nature.

Learned counsel Mr. Ansul submits that there is case and counter case in which both sides have suffered and there is no allegation of repeat of fire.

Learned counsel for the informant on the other hand submits that the opening of fire by the petitioner herein caused grievous injury to the informant's husband.

Considering the aforesaid facts, for the present, this Court is not inclined to extend him the privilege of bail which is accordingly rejected.

(Rajiv Roy, J) Ravi/- U T