Manikant Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65026 of 2018 Arising Out of PS. Case No.-138 Year-2015 Thana- MATIHANI District- Begusarai ====================================================== Manikant Rai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Matihani P.S. Case No. 138 of 2015 registered for the offence punishable under Sections 147, 148, 149, 447, 341, 302, 307 and 504 of the Indian Penal Code and Section 27 of the Arms Act.

Informant in his written complaint has alleged that on 05.09.2015 petitioner along with FIR named accused came and started abusing his brother and prevented him to work on his land, and altercation took place between them and in the meantime petitioner along with FIR named accused took out his Pistol and fired gun shot which hit his brother on account of which he fell down and died.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to

Patna High Court Cr.Misc. No.65026 of 2018(5) dt.06-12-2018 2/2 land dispute. Petitioner has got no criminal antecedent and is in custody since 23.08.2018.

Considering the fact that there is direct allegation of firing against the petitioner, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is hereby rejected.

(S. Kumar, J) ranjan/- U