Patna High CourtCR. MISC./70422/2022rejected

Raja Yadav @ Raja Babu @ Raja Kumar v. The State Of Bihar

2023-04-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70422 of 2022 Arising Out of PS. Case No.-212 Year-2022 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== RAJA YADAV @ RAJA BABU @ RAJA KUMAR SON OF TILAK RAY @ DILAK RAY R/O VILL.- DHARAMPUR, DISTT.- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner in a case instituted for the offence punishable under Section 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code and Section 27 Arms Act.

As per allegation in the FIR, petitioner in connivance with other accused persons assaulted informant's children and opened fire as a result of which informant sustained forehead injury and Birju Rai sustained three injuries on his both legs and his little finger.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.70422 of 2022(3) dt.07-04-2023 2/2 offence. There is no recovery of arms from possession of the petitioner. Injured persons has received simple injuries as per injury reports. Petitioner is languishing in judicial custody since 22.08.2022.

Learned APP appearing for the State has opposed the prayer of bail and submitted that as per injury report, doctor opined that all the injuries were caused by gun shot. Petitioner is a habitual offender and it is mentioned in para 3 of the petition that several criminal cases are pending against him. Having heard learned counsel for the parties and taking into consideration that petitioner is a habitual offender and a large number of cases are pending against him, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

The trial court is directed to expedite and conclude the trial.

(Sunil Kumar Panwar, J) sushma/- U