Vijay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13903 of 2018 Arising Out of PS.Case No. -38 Year- 2017 Thana -MANER District- PATNA ====================================================== Vijay Rai, Son of Raja Rai @ Rajaram Rai, Resident of Village- Chakia Tola, Khaspur, Police Station- Maner, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sharma, Advocate For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner, who is in custody since 01.02.2017, has renewed his prayer for bail in connection with Maner P.S. Case No. 38 of 2017 for the offences alleged under Sections 302/34 of the Indian Penal Code and Section 25(1-b)a, 26 and 27 of the Arms Act having earlier been rejected by this Court by order dated 20.07.2017 in Criminal Miscellaneous No. 29665 of 2017.

3. It is submitted that in a subsequent development other similarly situated co-accused persons namely, Laltu @ Nitesh Kumar, Lallu Rai, Vicky Kumar and Sugiya @ Mahendra Ray have been granted bail by this Court in Cr. Misc. 53471 of 2017, Cr. Misc. No. 58254 of 2017, Cr. Misc. No. 59147 of 2017 and Cr. Misc. No. 60884 of 2017, respectively.

Patna High Court Cr.Misc. No.13903 of 2018 (2) dt.04-04-2018

4. The aforesaid co-accused persons who have been granted bail are however, not those who are said to have accompanied the petitioner in taking away the informant's son, as such the petitioner cannot be said to be similarly situated with them.

5. Having heard learned counsel for the petitioner, this Court sees no reason to take a different view in the matter. The bail petition stands dismissed.

(Vikash Jain, J) Chandran/BT U T