Lotha Gop @ Harendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12845 of 2017 Arising Out of PS. Case No. -621 Year- 2015 Thana -DANAPUR District- PATNA ====================================================== Lotha Gop @ Harendra Rai son of Krishna Rai, resident of village Turha Toli & company Bag. P.S. Sahpur, District Patna .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rudra Deo, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-03-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 04.02.2016 in connection with Sessions Trial No. 467 of 2016 arising out of Danapur P.S. Case No. 621 of 2015 for the offences alleged under Sections 147, 148, 149, 323, 307, 504 of the Indian Penal Code and Section 27 of the Arms Act. Subsequently, Section 302 of the IPC has been added.

3. It is submitted that the petitioner has been falsely implicated as there is no allegation of repetition of firing against the petitioner. Co-accused Vivek Kumar @ Vivek Rai has been granted bail by this Court on 11.11.2016 in Cr. Misc. No. 38444 of 2016 and so also co-accused Dipak Sharma has also been granted bail by this Court on 12.04.2016 in Cr. Misc. No. 15224 of 2016.

4. Having regard to the specific nature of accusation against the petitioner of having fired injuring the informant's daughter-inlaw Shanti Devi in her right thigh as also the fact that the petitioner is accused in six other cases of serious nature, this Court is not inclined to grant the privilege of bail to him. The bail petition stands dismissed.

(Vikash Jain, J) B.T/Ibrar U T