Jagbali Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37626 of 2018 Arising Out of PS.Case No. -83 Year- 2017 Thana -RAGHOPUR District- VAISHALI(HAJIPUR) ====================================================== Jagbali Ray, S/o Ram Slok Ray, R/o Village- Neerampur, P.S.- Raghopur, District- Vaishali. .... .... Petitioner.

Versus

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

For the Petitioner : Mrs. Rina Sinha, Advocate. For the Informant : Mr. N.C. Verma, Advocate. Mr. Natraj Verma, Advocate.

For the State : Mr. Manish Kumar No.2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-08-2018 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner seeks bail in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code, Section 27 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Six named accused persons including the petitioner arrived at the 'Bathan' of the informant with liquor and tried to consume liquor there. On the protest made by the informant and his son, on the order given by the Dashrath Rai, petitioner resorted firing on the head of the son of the informant, namely, Satish Kumar and after sustaining injury when he fell down on the ground, the said Dashrath Rai also resorted firing on him. He was referred to P.M.C.H., Patna but he was declared brought dead.

Patna High Court Cr.Misc. No.37626 of 2018 (07) dt.23-08-2018 - 2 - It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has no concern with the said occurrence. He has been falsely implicated in this case. As there is only one entry and exit wound, as found in the postmortem report, the assailant of the aforesaid injury is not ascertained. He has no criminal antecedent and has been languishing in custody since 28.03.2018.

On the other hand, learned counsel for the informant and learned A.P.P. for the State vehemently opposing the bail petition submitted that the petitioner happens to be first assailant of the deceased and after resorting firing by the petitioner on his head the deceased fell down then another accused, namely, Dashrath Rai resorted firing by means of fire arms. In the postmortem report though one injury has been reported as wound of entry while other as wound of exit, but both the injury has been shown on the right parietal region which indicates sustaining of the two injuries by the deceased in the occurrence.

In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, this application is rejected.

(Prakash Chandra Jaiswal, J) Trivedi/- U T