Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37870 of 2019 Arising Out of PS. Case No.-93 Year-2018 Thana- THARTHARI District- Nalanda ====================================================== RAJESH KUMAR, S/o Bindeshwar Gope, R/o village- Atwal Chak, P.S.- Tharthari, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP For the informant :

Mr. Birendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 29-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Tharthari P.S. Case No.93 of 2018 instituted for the offence under Section(s) 302/34 Indian Penal Code and Section 27 of the Arms Act pending in the Court of the Additional Chief Judicial Magistrate, Hilsa, Nalanda. It is alleged in the written report that on the date of occurrence Rajiv Prasad caught hold the son of the informant while this petitioner along with Dharmpal Kumar fired shot causing injury in his chest and right hand. The son of the informant died on the spot.

Case diary has been received, wherein, doctor has found firearm injury on the chest of the deceased.

Patna High Court CR. MISC. No.37870 of 2019(3) dt.29-07-2019 2/2 Counsel for the State submits that in para 37 and 38 of the case dairy witnesses have levelled specific allegation against the petitioner along with co-accused Dharmpal Kumar of causing firearm injury from close range to son of the informant on account of which he died on the spot.

In such circumstances, this Court is not inclined to enlarge the petitioner on bail.

Prayer of the petitioner for grant of bail is rejected at this stage.

The trial Court is directed to expedite the trial. (Sanjay Priya, J) J. Alam/- U T