Mohan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67890 of 2019 Arising Out of PS. Case No.-147 Year-2019 Thana- CHAPRA MUFFASIL District- Saran ====================================================== MOHAN RAI Son of Radha Ray Resident of Village- Bisunpura Mahaji, P.S.- Muffasil, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-01-2020 This application, for grant of anticipatory bail, Chapra Muffasil P.S. Case No. 147 of 2019, disclosing offences under Sections 341, 323, 354, 307 and 34 of the Indian Penal Code. Prosecution case is that while the informant was engaged in his field then petitioner and other accused persons came and tried to outrage the modesty of female labourers and when the informant opposed, petitioner fired causing injury on his neck and shoulder.

Submission of learned counsel for the petitioner is that he has falsely been implicated in this case due to land dispute between the parties and no gun shot injury has been found on the person of informant.

Learned counsel for the State opposed the prayer for anticipatory bail of the petitioner on the ground that injury

Patna High Court CR. MISC. No.67890 of 2019(2) dt.16-01-2020 2/2 report shows that carbon particle / gun powder was found over right side of upper chest including shoulder and neck of the informant.

Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner has to surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, without being prejudiced by this order.

This application is, accordingly, dismissed (Vinod Kumar Sinha, J) sunilkumar/- U T