RAKESH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present Criminal Appeal has been preferred by the appellant against the impugned order dtd. 1/11/2023 passed by the learned Additional Sessions Judge 1st cum Special Judge SC/ST & Children Court, Buxar, in Adult Children Case No. 14 of 2023 arising out of Bagengola P.S. Case No. 100 of 2020 whereby the learned court below has rejected the bail petition of the appellant holding as follows:-

(2.) The prosecution case as emerging from the Fardbeyan of the informant is that at 2:00 PM on 20/8/2024 when the informant and his father were cutting grass for fodder of their animals, co-villagers Vijay Pandey, Ajay Pandey, Uma Shankar Pandey, Vikramaditya Pandey, Manish Pandey, Rakesh Rai (appellant herein) and Sanjay Rai along with four unknown persons came to the place of occurrence with country made pistols and guns in their hands and soon after visiting the place, Vijay Pandey stated that they had to kill the informant and his father, both, because they are litigating in court in regard to the land. Vijay Pandey also fired at his father hitting him near the left ear. Ajay Pandey fired at the informant hitting near his neck. Uma Shankar Pandey also fired at his father hitting his back. His father fell down. Rest persons also fired at the informant. But he was able to escape from the firing. Thereafter, all the accused persons went back doing firing. The incident has been witnessed to by three persons including Hardev Rai and Pravin Kumar Pandey who were also cutting grass. His father died on the place of occurrence itself.

(3.) On the claim of the appellant to be juvenile, his case was separated and sent to the Juvenile Justice Board, Buxar, and after inquiry, he was declared to be juvenile vide order dtd. 9/4/2021 and, thereafter, on preliminary assessment by the Juvenile Justice Board, Begusarai, his case was transferred to Children Court for trial under Sec. 18(3) of Juvenile Justice Act, 2015 vide order dtd. 21/6/2023 and, hence, it was registered as Adult Children Case No. 14 of 2023 by the Children Court. The appellant moved for regular bail before the Children Court and the same was rejected by the impugned order.