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Patna High CourtCR. MISC./25539/2021rejected

Shambhu Ray v. The State Of Bihar

2022-04-28Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25539 of 2021 Arising Out of PS. Case No.-229 Year-2020 Thana- DALSINGHSARAI District- Samastipur ====================================================== SHAMBHU RAY SON OF LATE HARDEO RAY R/O VILLAGE- DIH BASADHIA, P.S.- DALSINGSARAI, DISTRICT- SAMASTIPUR. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Piyush Anand For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-04-2022 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in connection with Konch P.S. Case No. 131 of 2020 registered for the offence punishable under section 307 and other allied sections of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that petitioner has not committed any offence as alleged in the first information report and he has been falsely implicated in this case due to previous land dispute. The injuries sustained have been found to be simple in nature. Petitioner has no criminal antecedent.

Learned Addl. P.P. appearing for the State opposes the prayer for bail and submits that petitioner is named accused in

Patna High Court CR. MISC. No.25539 of 2021(6) dt.28-04-2022 2/2 the first information report and there is direct allegation of assault against them which is supported by the injury report. Petitioner, therefore, does not deserve to be granted the privilege of bail.

Considering the nature of allegations levelled, the materials available on record and the submissions advanced on behalf of the parties, this Court does not find it to be a fit case for grant of anticipatory bail to the petitioner. The same is, therefore, rejected.

mcv/- (Arvind Srivastava, J) U T