Wakil Rai @ Wakil Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54856 of 2023 Arising Out of PS. Case No.-301 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== WAKIL RAI @ WAKIL RAY S/O - LATE RAGHUVEER RAI R/O VILLAGE MATHIYA BARIYARPUR, P.S. - PIPRAKOTHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar, Advocate For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 30-08-2023 1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner seeks regular bail in connection with Piprakothi P.S. Case No.301 of 2022 dated 05.11.2022 registered for the offence/s punishable under Section/s 147, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code. 3.

As per the prosecution, the informant alleged that this petitioner along with other co-accused persons and some unknown persons armed with knife abused and assaulted the informant and his family members. Further it is alleged that this petitioner assaulted the informant by means of knife at his left leg's thigh thereafter he also assaulted informant's brother by means of knife at his back.

4.

The main submissions advanced by the

Patna High Court CR. MISC. No.54856 of 2023(2) dt.30-08-2023 2/3 learned counsel for the petitioner are that as per the allegations levelled in the FIR, the petitioner is alleged to have assaulted informant and another person namely Kanhaiya Sah by means of dagger but on the person of the informant simple injury has been found and on the person of other injured Kanhaiya Sah only one grievous injury has been found and a dispute occurred in between both the parties during the Panchayati meeting which is stated to be the genesis of the alleged occurrence. Further submissions are that the petitioner has fair and clean antecedent and has been languishing in jail since 19.04.2023. 5.

Learned APP appearing for the State has opposed the bail prayer.

6.

Considering the seriousness of the allegation appearing against this petitioner from the FIR and this petitioner allegedly caused knife injuries to two persons and the injured Kanhaiya Sah sustained one grievous injury in the alleged occurrence as appears from his injury report filed as Annexure2, in the opinion of this Court, the petitioner does not deserve to the privilege of bail. Accordingly, his bail prayer stands rejected. 7.

As per submission made by learned APP, the investigation has been completed against the petitioner, hence the Court concerned is directed to expedite the trial of the

Patna High Court CR. MISC. No.54856 of 2023(2) dt.30-08-2023 3/3 petitioner and take steps to conclude the same in the next one year, if his trial is not concluded in the said period or no significant progress is made in his trial in the said period, then he may renew his bail prayer.

(Shailendra Singh, J) sangam/- U T