Mukesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42673 of 2022 Arising Out of PS. Case No.-36 Year-2020 Thana- ARIYARI District- Sheikhpura ====================================================== MUKESH RAM Son of Late Ramdev Ram Resident of Village - Kemra, P.s.- Ariyari, Distt.- Seikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rananjay Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 16-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State .

The petitioner seeks bail in connection with Ariyari P.S. Case No. 36 of 2020 registered for the offences punishable under Sections 341, 323, 325,307, 504, 506, 448, 34 of the IPC and 27 of the Arms Act.

As per prosecution case, there is allegation against the petitioner who fired on Rajeev Ram causing injury below the elbow of right hand.

Learned counsel for the petitioner submits that petitioner is in custody since 26.06.2022 and bears no criminal antecedent. He further submits that injury is not on the vital part of the body and there is no repetition of firing so there is no intention to commit murder as no case is made out under Section 307 of

Patna High Court CR. MISC. No.42673 of 2022(2) dt.16-11-2022 2/2 IPC.

The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner submitting that there is specific allegation of firing against the petitioner and the same is corroborated by the injury report of victim.

Considering the facts and circumstances of the case, nature of allegation levelled against the petitioner coupled with injury report as well as material available on record, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is hereby rejected.

However, the petitioner may renew prayer of bail after nine months from the date of receipt/production of copy of this order to the court concerned, if there is no substantial progress in the proceeding of trial within the stipulated period. (Alok Kumar Pandey, J) vashudha/- U T