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Patna High Court/61847/2022bail rejected

Ajay Kumar Ray @ Lulha Ray v. The State Of Bihar

2023-03-23Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61847 of 2022 Arising Out of PS. Case No.-165 Year-2008 Thana- HASANPUR District- Samastipur ====================================================== AJAY KUMAR RAY @ LULHA RAY S/o Raudi Ray R/o VillageKharahiya, P.S.- Hasanpur, Distt- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sujit Kumar Singh For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-03-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Sessions Trial No. 637 of 2018 arising out of Hasanpur P.S. Case No. 165 of 2008, registered for the offences punishable under Sections 147, 148, 149, 302, 120(B) of the Indian Penal Code.

The specific allegation against the petitioner is that he inflicted two blows of knife at the neck of the deceased, resulting into his death.

The learned counsel for the petitioner has submitted that he is innocent and has falsely been implicated in this case. He is handicapped and unable to walk.

On the other hand, the learned APP has opposed the

Patna High Court CR. MISC. No.61847 of 2022(4) dt.23-03-2023 2/2 prayer for bail and submitted that the petitioner is direct assailant. He inflicted repeated knife blows, resulting into death of the deceased. The allegation is corroborated by the postmortem report and inquest report. He has submitted further that the witnesses in paragraph nos. 5 to 7 have supported the prosecution version and named the present petitioner to the allegation that he assaulted the deceased.

Considering the above-mentioned facts and circumstances as well as the material collected during the course of investigation, I am not inclined to release the petitioner on bail, which is hereby rejected.

The learned trial court is directed to dispose of the case expeditiously.

(Nawneet Kumar Pandey, J) Kundan/Nirmal U T