Dharmendra Rai @ Dharmendra Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76091 of 2019 Arising Out of PS. Case No.-106 Year-2019 Thana- TAJPUR District- Samastipur ====================================================== DHARMENDRA RAI @ DHARMENDRA RAY, Male, aged about 35 years, Son of Late Upendra Ray Resident of Village-Bikrampur, P.S-Tajpur (Halai O.P.), District-Samastipur.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Suneil Kumar Thakur, Advocate For the Opposite Party/s :
Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner in the present case is seeking regular bail in connection with S.T. No. 519/2019 arising out of Tajpur (Halai O.P.) P.S. Case No. 106/2019 registered under Sections 302 of the Indian Penal Code and under Section 27 of the Arms Act, pending in the court of learned Sessions Judge, Samastipur. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and petitioner is a person of clean antecedent, Learned A.P.P. for the State has opposed the prayer for bail of the petitioner submits that this petitioner is the main assailant and there is an eye witness on account of the alleged occurrence saying that this petitioner had fired on the deceased
Patna High Court CR. MISC. No.76091 of 2019(2) dt.26-11-2019 2/2 from the close range which ultimately proved fatal. Considering the facts and circumstances of the case and submission of learned A.P.P. for the State that the petitioner is the main assailant and there is an eye witness saying that this petitioner had fired on the deceased from the close range which ultimately proved fatal, this court is not inclined to grant privilege of regular bail to the petitioner.
Prayer for regular bail of the petitioner is refused. Trial Court is directed to expedite the trial of the case. (Rajeev Ranjan Prasad, J) Rajeev/- U T