Rajeshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42892 of 2019 Arising Out of PS. Case No.-120 Year-2018 Thana- RAGHOPUR District- Vaishali ====================================================== RAJESHWAR RAI S/o Late Yugal Rai R/o village- Chandpura, P.S.- Raghopur, Distirct- Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Anshuman For the Opposite Party/s :

Mr. R.P.S. Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 24-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Raghopur P.S. Case No. 120 of 2018 registered under sections 341, 323, 324, 326, 307/34 of the I.P.C. pending in the Court of Sessions Judge, Vaishali.

Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case due to land dispute. Further submission is that petitioner has no criminal antecedent and he is in custody since 30.11.2018.

Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner by contending that petitioner is named in the F.I.R. There is direct allegation in the

Patna High Court CR. MISC. No.42892 of 2019(3) dt.24-09-2019 2/2 F.I.R. that the petitioner fired at the neck of the husband of the informant with intention to kill him, as a result of which, he fell down. In course of investigation, the witnesses have also supported the version of the prosecution.

Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, this application is rejected.

However, liberty is granted to the petitioner to renew his prayer for bail after framing of charge.

(Arvind Srivastava, J) shailendra/- U T