Pragas Rai @ Prakash Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.5252 of 2018 (2) dt.05-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5252 of 2018 Arising Out of PS.Case No. -231 Year- 2017 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== Pragas Rai @ Prakash Rai, S/o Uma Shankar Rai, Resident of villageBilandpur, P.S.- Runni Saidpur, District-Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-02-2018 Heard both sides.

The petitioner apprehends his arrest in Runni Saidpur P.S. Case No.231 of 2017 registered under Section 307 and other Sections of Indian Penal Code and Section 27 of the Arms Act. The informant alleged that the petitioner and others came having armed with different weapons including firearms. Shiv Shankar Rai fired at the informant which hit on his private parts. The petitioner is alleged to have fired which hit on the leg of Dinesh Rai, the father of the informant.

The learned counsel for the petitioner submits that from perusal of the seizure list, it would appear that only one live cartridge was recovered from the place of occurrence. One firearm injury was found on the leg of Dinesh Rai but the injury is simple in nature. There is a series of litigations and the possibility that,

Patna High Court Cr.Misc. No.5252 of 2018 (2) dt.05-02-2018 Dinesh Rai might have manufactured the injury, cannot be ruled out.

On the other hand, learned A.P.P. as well as learned counsel for the informant opposed the prayer for anticipatory bail. There is specific allegation that the petitioner also fired which hit on the leg of Dinesh Rai, father of the informant when he came to save his own son, Mukesh Rai and there is corresponding firearm injury on leg.

Therefore, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Saurabh/- U T