Patna High Court - Orders
Mannu Rai vs The State Of Bihar on 3 October, 2013
Author: Rakesh Kumar
Bench: Rakesh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 29809 of 2013
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Mannu Rai son of Bali Ram Rai, R/O Yadav Gali, Ramji Chak, P.S.-
Digha, District- Patna.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR
ORAL ORDER
3. 03-10-2013Heard Sri Y.C.Verma, learned senior counsel, who was assisted by Sri B.M.Mishra, learned counsel for the petitioner and learned Additional Public Prosecutor.
The petitioner, who is in custody since 03-09-2012 in connection with Digha P.S. Case No. 143 of 2012 registered under Sections 302 & 34 of the Indian Penal Code and Section 27 of the Arms Act, 1959, has prayed for grant of bail.
Learned senior counsel appearing on behalf of petitioner, while pressing the petition, submits that one of the main accused, namely; Birendra Rai @ Billa had made confession before the police and in that confession, he has categorically stated that he gave seven fire-arm injuries on 2 Patna High Court Cr.Misc. No.29809 of 2013 (3) dt.03-10-2013 2/3 the person of the deceased i.e. son of the informant and one fire-arm injury by one Sujit Kumar @ Bocha. This submission was made in paragraph no. 63 of the case diary. He further submits that accused Sujit Kumar @ Bocha has accepted his guilt. He further submits that confessional statement of both the accused persons has been corroborated by the post-mortem examination report that the deceased had received several fire-arm injuries. He further submits that co-accused Sujit Kumar @ Bocha has already been granted bail by the court below.
Learned Additional Public Prosecutor has opposed the prayer of the petitioner. In the F.I.R., there is specific allegation that one Birendra Rai and the petitioner opened fire on the deceased. The informant is none else but the father of the deceased. So far as statement of accused before police officer is concerned, no reliance can be placed on such confession. The petitioner is having criminal antecedent.
Keeping in view the fact that there is direct allegation of firing against the petitioner, there is no ground 3 Patna High Court Cr.Misc. No.29809 of 2013 (3) dt.03-10-2013 3/3 for extending the privilege of bail to the petitioner.
The prayer for bail stands rejected.
(Rakesh Kumar, J.) Anay