Baidhnath Rai @ Nanki Rai vs The State Of Bihar on 26 July, 2011

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Cr.Misc. No.11939 of 2011
                                 Baidhnath Rai @ Nanki Rai
                                               Versus
                                       The State Of Bihar
                                             -----------

3 26-07-2011 Heard learned counsel for the petitioner as well as

learned Additional Public Prosecutor for the state.

Petitioner has been made accused in Gaighat P.S.

Case No. 187 of 2010 registered under section-302/34 of the

Indian Penal Code on the allegation that he opened fire on the

deceased.

Learned counsel for the petitioner sought bail of the

petitioner on the ground that according to prosecution case itself,

the alleged occurrence took place on 24.07.2010 but fardbeyan

of the informant was recorded on 26.07.2010 i.e. after two days

of the alleged occurrence and no explanation of the aforesaid

delay has been given and furthermore, in postmortem

examination, no fire-arm injury was found by the doctor and

apart from this, the statement of witnesses have been recorded

after eight days of the alleged occurrence but I am not at all

convinced with his submission.

Accordingly, prayer for bail of the petitioner stands

rejected.

AKV/-                                            ( Hemant Kumar Srivastava,J.)