Dismissed¶20

Naresh Ray @ Naresh kumar v. The State of Bihar

Patna HC19 Jul 2024CR. MISC./7796/2024

Case brief

AI extract

What is this about?

Keywords: anticipatory bail rejected; Naresh Ray @ Naresh kumar; Sonepur P.S. Case No. 372 of 2023; District Saran; Sections 341, 323, 324, 307, 504, 34 IPC; Section 27 Arms Act; gun shot injury grievous; instigation by accused Anandi Rai; false implication land dispute; conflicting injury reports alleged forged/fabricated, mala fide; surrender before court below; regular bail without prejudice; Patna High Court CR. MISC. No.7796 of 2024; dt. 19-07-2024.

What did the court decide?

No bail granted; petitioner directed to surrender before the learned court below, where a regular-bail prayer will be considered without being prejudiced by this Court's order. ¶20

Naresh Ray @ Naresh kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

No bail granted; petitioner directed to surrender before the learned court below, where a regular-bail prayer will be considered without being prejudiced by this Court's order.

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Issue for consideration

Whether the petitioner, apprehending arrest in Sonepur P.S. Case No. 372 of 2023, should be granted anticipatory bail.

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Court's answer

Having heard the parties and considering the nature of allegation, the Court was not inclined to enlarge the petitioner on bail; his prayer for (anticipatory) bail stands rejected.

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Ratio / Principle

The petitioner was directed to surrender before the learned court below, and any prayer for regular bail made there shall be considered by that court without being prejudiced by this Court's order.

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Detailed headnote1 paragraphs

Anticipatory bail rejected (Patna High Court, Criminal Miscellaneous No.7796 of 2024, decided 19-07-2024, Sunil Kumar Panwar, J). Applicant Naresh Ray @ Naresh Kumar apprehended arrest in Sonepur P.S. Case No. 372 of 2023 (District Saran), instituted under Sections 341, 323, 324, 307, 504 and 34 of the Indian Penal Code and Section 27 of the Arms Act. Prosecution case: the petitioner, with co-accused, abused and assaulted the informant's brother and fired at him, allegedly on the instigation of accused Anandi Rai, causing a gun shot injury; the APP submitted the injury was grievous. Counsel for the petitioner pleaded innocence, false implication due to land dispute, and relied on the Government hospital injury report (one lacerated wound on left arm; injury opined possibly from hard and blunt substance) versus a later private-hospital report recording a grievous firearm injury, alleging a forged and fabricated report showing the informant's mala fide intention. Considering the nature of allegation, the Court declined bail, directed surrender before the court below, and left a regular-bail prayer there open to consideration without prejudice to this order; the application stands disposed off.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7796 of 2024

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Arising Out of PS. Case No.-372 Year-2023 Thana- SONEPUR District- Saran

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======================================================

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Naresh Ray @ Naresh kumar S/o Anandi Rai R/o Vill - Fakrabad, P.S. - Sonepur, Dist. - Saran At Chapra (Bihar)

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Rakesh Kumar For the Opposite Party/s : Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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7 19-07-2024

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Heard learned counsel for the petitioner and learned APP for the State.

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The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sonepur P.S. Case No. 372 of 2023 instituted for the offence under Sections 341, 323, 324, 307, 504 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

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Prosecution case in short is that petitioner along with other co-accused persons came on the door of the informant’s brother and started abusing him. On protest, the petitioner and other accused persons started assaulting the informant’s brother upon back portion. When the informant’s brother tried to flee from there, this petitioner fired on him on

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Patna High Court CR. MISC. No.7796 of 2024(7) dt.19-07-2024 2/4

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the instigation of accused Anandi Rai. The informant’s brother received gun shot injury and fell down and became unconscious. Hearing the sound of firing, the witnesses came there. The informant’s brother was taken to hospital for treatment from there he was referred to PMCH for better treatment.

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Learned counsel for the petitioners submits that the petitioner is innocent and committed no offence. He has falsely been implicated in this case due to land dispute. It is further submitted from para-9 of this petition that after receiving the injury, the brother of the informant was taken to Sonepur Referral Hospital where his injury report was prepared and doctor found one lacerated wound on left arm and injured was advised for X-ray of left arm and chest and from where the injured was referred to Sadar Hospital Hajipur or P.M.C.H, Patna and Doctor opined that injury may be caused due to hard and blunt substance and X-ray report shows that fracture of upper third of LT. Humerus seen with displacement and X-ray of chest shows that heart is normal. From para-10 of this petition, it is mentioned that the brother of the informant(inured) was referred to Sadar Hospital Hajipur or PMCH, Patna by the Sonepur Referral Hospital but

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Patna High Court CR. MISC. No.7796 of 2024(7) dt.19-07-2024 3/4

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he did not go either to Sadar Hospital Hajipur or PMCH, Patna but he went to the private hospital and from where, he procured another injury report in which it has been mentioned that a case of firearm injury and the nature of injury is grievous. From perusal of both the injury reports issued by the Government Hospital as well as Private Hospital, it is clear that how the informant procured forged and fabricated injury report in connivance with the private hospital, Patna which shows the mala fide intention of the informant.

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Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of bail and submitted that there is specific allegation against the petitioner to fire upon the informant’s brother due to which he sustained gun shot injury. From perusal of the injury report which has been annexed in the case diary by which it appears that the nature of injury of the injured is grievous.

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Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

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