Patna High CourtCR. MISC./38236/2024rejected

Rakesh Rai @ Jhinga @ Rakesh Ray v. The State Of Bihar

2024-08-01Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38236 of 2024 Arising Out of PS. Case No.-248 Year-2023 Thana- CHAPRA TOWN District- Saran ====================================================== Rakesh Rai @ Jhinga @ Rakesh Ray son of Kameshwar Ray R/o- villRupganj , Sahebganj P.S- Chapra Town, Dist - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 01-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Chapra Town P.S Case No. 248 of 2023 from the Court of learned C.J.M Saran at Chapra registered for the offences punishable under Sections 341, 307, 323, 324 of the I.P.C.

3. As per allegation in the FIR, it is alleged the petitioner gave knife blow to the son of the informant due to which he sustained injuries.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is also submitted that petitioner is in judicial custody since

Patna High Court CR. MISC. No.38236 of 2024(3) dt.01-08-2024 2/2 29.12.2023 and petitioner has got no criminal antecedent as stated in para 3 of the bail petition.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, Case diary and impugned order dated 01.04.2024 it appears that, there is specific allegation against the petitioner to assault the informant's son by knife. As per injury report, injury is grievous and caused by sharp cutting weapon. The witnesses in paras 5,6 and other relevant paras of the case diary have supported the prosecution case.

7. Considering the aforesaid facts and circumstances of the case this Court is not inclined to grant bail to the petitioner. Hence, prayer for regular bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Mayank/- U T