Rajnish Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32363 of 2019 Arising Out of PS. Case No.-340 Year-2018 Thana- BARAULI District- Gopalganj ====================================================== RAJNISH PANDEY Son of Anil Pandey Resident of Village - Batardeh, P.S.- Barauli, Distt - Gopalganj.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Chandra Verma For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-05-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Barauli P.S. Case No. 340/2018, instituted for offence under Section(s) 307/34 of the Indian Penal Code read with Section 27 of Arms Act. It is alleged in the written report that on the date of occurrence while son of informant was returning to his house from market and reached near the house of Sudarshan Patel, the petitioner along with other accused persons arrived on motorcycle and overtook the son of informant. It is alleged that on the order of co-accused Mannu Pandey, the petitioner made firing on the son of informant, which hit on his back on account of which he fell down.

It is mentioned in the impugned order that in para 47

Patna High Court CR. MISC. No.32363 of 2019(2) dt.15-05-2019 2/2 of case diary injury report of informant is mentioned, wherein doctor has found firearm injury over upper dorsal spine area of informant.

Considering the fact that there is direct allegation against this petitioner, this Court is not inclined to grant bail to the petitioner at this stage. Accordingly, prayer for bail of petitioner is rejected.

Petitioner is given liberty to renew the prayer for bail after six months if no substantive progress is made in trial. (Sanjay Priya, J) rakhi/- U T