Patna High CourtCR. MISC./59494/2021bail rejected

Surendra Ray v. The State Of Bihar

2022-05-05Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59494 of 2021 Arising Out of PS. Case No.-248 Year-2020 Thana- PATORI District- Samastipur ====================================================== SURENDRA RAY S/o MR. JANTU RAY R/o VILLAGE-UTTARI DUMARI, P.S-PATORI (MOHANPUR O.P.), DISTRICT-SAMASTIPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Mr. Shivam, Advocates.

For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-05-2022 Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioner and Mr. Navin Kumar Pandey, learned Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Shahpur Patori PS Case No. 248/2020 registered for the offence punishable under Sections 147, 148, 302, 323, 341, 504 of the IPC and Section 27 of the Arms Act.

Petitioner has, allegedly, fired upon the son of the informant due to which he died.

Learned counsel for the petitioner submits that from perusal of the FIR, it would be evident that other accused persons also assaulted the informant's son and the petitioner has been made accused in this case due to land dispute between the

Patna High Court CR. MISC. No.59494 of 2021(3) dt.05-05-2022 2/2 parties. He further submits that petitioner has got no criminal antecedent and he is in custody since 07.04.2021. On the other hand, learned counsel for the State referring to the case diary submits that from perusal of the material available on records, it appears that the petitioner is the main assailant and in the postmortem report fire-arm injury has been found on the person of the deceased.

Regards being had to the submissions made by the parties and taking into consideration the fact that petitioner is the main assailant and the deceased died due to gun-shot injury, I am not inclined to grant regular bail to the petitioner. Accordingly, prayer for bail of the petitioner stands dismissed. Let the trial be expedited.

(Anil Kumar Sinha, J) perwez U T