Chandan Rajbhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32207 of 2014 Arising Out of PS.Case No. -147 Year- 2013 Thana -RAJPUR District- BUXAR ====================================================== Chandan Rajbhar S/o Ram Kishor Ray resident of village - Barunpur, P.S. Rajpur, District - Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashwini Kumar Rai For the Opposite Party/s : Mr. Lalan Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-12-2014 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Rajpur P. S. Case No. 147/2013 registered for the offence under section 386, 307, 506 of the I.P.C. and under section 27 of the Arms Act. Allegedly, from the informant, who is a businessman, petitioner demanded ransom and on refusal, the petitioner insisted for checking and when the informant again denied, the petitioner fired on the chest of the informant from katta and on hearing sound and raising alarm by the informant, when people and father of the informant assembled, the accused petitioner fled away. Submission at the bar for release of the petitioner is that due to village politics, he has been implicated in the false case as no amount has been paid. The witnesses, who have supported are

Patna High Court Cr.Misc. No.32207 of 2014 (3) dt.24-12-2014 2/2 all hearsay witnesses and relative of the informant and opinion of injury has been kept reserved to which the learned APP opposes by submitting that the petitioner opened fire on the vital part of the body.

In the facts and circumstances stated above, considering that the petitioner shot the informant on his vital part of the body due to non fulfillment of demand of ransom and the doctor has found the wound of entry and exit caused by fire arm, this Court is not persuaded to enlarge the petitioner on bail. Accordingly, this bail application stands rejected. (Jitendra Mohan Sharma, J) Sudha/- U