Patna High CourtCR. MISC./63819/2023bail rejected

Raju Mandal @ Rajeev Ranjan Kumar v. The State Of Bihar

2024-02-16Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63819 of 2023 Arising Out of PS. Case No.-87 Year-2022 Thana- BAUNSI District- Araria ====================================================== Raju Mandal @ Rajeev Ranjan Kumar, aged about 48 years (Male), S/O Late Damodar Prasad Mandal R/O Village- Deosthal Bousi, Ps. Bousi, Dist. Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-02-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner is in custody in connection with Bousi P.S. Case No.87 of 2022 registered for an offence punishable under Sections 341, 323, 307 and 504 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against this petitioner is that he assaulted the informant by gun shot.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and the petitioner has no motive or reason for the occurrence as has been assigned in the present fardbeyan by the informant and this goes to show that the informant has not come with clean hands

Patna High Court CR. MISC. No.63819 of 2023(5) dt.16-02-2024 2/2 and thus his statement cannot be relied upon. Petitioner is in custody since 04.07.2023.

5. However, learned APP for the State opposed the prayer for regular bail of the petitioner and submitted that there is direct allegation of firing against the petitioner.

6. Perused the FIR and both injury reports and from the injury report issued by Araria, it appears that on perusal of the FIR, it is clear that specific allegation against this petitioner of assault by fire arms and caused injury on temporal region below eye of the injured and petitioner has got seven criminal antecedent which is also serious offences, in my view, I am not inclined to grant bail to the petitioner.

7. Prayer for regular bail of the petitioner is hereby rejected.

8. However, the trial court is directed to conclude the trial within a year on the receipt of a copy of this order. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T