Suresh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69505 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- GANGABRIDGE District- Vaishali ====================================================== Suresh Rai, Son of Shivlal Rai Resident of Village- Terasiya, P.S.- Ganga Bridge, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prashant Kumar, Advocate For the Opposite Party/s :
Mr.Satyavrat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-05-2020 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant, through virtual court proceeding.
In the present case, the petitioner is seeking bail in connection with Ganga Bridge P.S. Case No. 11 of 2019 registered for the offence punishable under Sections 341, 323, 447, 307, 302, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.
It has been alleged that on 02.01.2019 at about 9.00 P.M., when the informant was at his house, then his co-villagers Suresh Rai, Sunil Rai, Balmiki Rai and 4-5 other persons came and started assaulting. Thereafter, they dragged Lal Babu Rai, father of the informant towards the road where Sunil Rai and Balmiki Rai ordered to shoot his father, whereupon, Suresh Rai
Patna High Court CR. MISC. No.69505 of 2019(5) dt.27-05-2020 2/2 (the present petitioner) shot him.
Counsel for the petitioner submits that the occurrence took place on 02.01.2019, but the FIR has been lodged on 19.01.2019 i.e. after delay of seventeen days, but from the case diary in paragraphs 76 and 77 the independent witnesses have specifically taken the name of the petitioner to have shot the deceased causing his death.
Looking to the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner for the present.
Accordingly, the prayer for bail is rejected for the present.
(Shivaji Pandey, J) V.K.Pandey/- U T