Patna High CourtCR. MISC./10876/2017rejected

Mintu Giri v. The State Of Bihar

2017-04-28Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.10876 of 2017 (4) dt.28-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10876 of 2017 Arising Out of PS.Case No. -340 Year- 2016 Thana -CHAPRA TOWN District- SARAN ====================================================== Mintu Giri Son of late Badri Narayan Giri Resident of Village- Arya Nagar, Giri Tola, P.O. Sahebganj, P.S. Town Thana, District- Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashish Giri For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-04-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is accused in connection with Chapra Town P.S. Case No. 340 of 2016 registered under sections 147, 148, 149, 341, 323, 307, 302 and 504 of the Indian Penal Code. Accusation is that nine persons named in the FIR including the petitioner variously armed with knife, gun, sword and stick came at the land of the informant and forcibly started constructing boundary wall. When the informant and his father made protest, co-accused Chintu Giri caused lathi injury on the head of the informant as a result of which he fell down and when the father of the informant rushed to save him, this petitioner shot at the father of the informant who fell down and died later on.

Patna High Court Cr.Misc. No.10876 of 2017 (4) dt.28-04-2017 Learned counsel appearing on behalf of the petitioner submits that it is alleged in the FIR that the petitioner fired at the deceased from back but the firearm injury is found on the chest of the deceased. Further submission is that in fact at the time of occurrence Dheeraj Giri and Jitu Giri came with gun and rifle and started firing then Rabindra Giri (deceased) tried to snatch the gun in which he sustained firearm injury.

Having considered the facts and circumstances of the case and nature of the allegation as made against the petitioner, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail is rejected.

(Rajendra Kumar Mishra, J) Ravi/- U T