Ravinder Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20439 of 2020 Arising Out of PS. Case No.-535 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== 1.
Ravinder Rai 2.
Anand Rai, both son of Jagat Rai @ Jagat Ray R/O - Tejabigha, Lakhanpura, P.S.- Bakhtiyarpur, District- Patna ... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Diwakar Sinha, Adv.
For the Opposite Party/s :
Mr. Md. Matloob Rab, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-01-2021 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Bakhtiyarpur P.S. Case No. 535 of 2018 registered for the offences punishable under Section 302/34 of the Indian Penal Code and 27 of the Arms Act.
Learned counsel of the petitioners submits that no specific overt-act has been attributed against the petitioners and moreover, none had seen the actual killing of the deceased. Perusal of first information report as well as materials available on the case diary go to show that petitioners and other accused went to the house of informant and
Patna High Court CR. MISC. No.20439 of 2020(3) dt.15-01-2021 2/2 committed the murder of the deceased. No doubt, two other coaccused shot fire on the deceased but allegedly, petitioners had also played role in the alleged crime.
Therefore, in my view, it is not a fit case for grant of anticipatory bail to the petitioners and accordingly, this anticipatory bail petition stands rejected.
However, petitioners are directed to surrender before the court below within six weeks from today and if they do so and seek regular bail, the competent court shall consider the regular bail application of the petitioners on its own merit without being prejudiced by this rejection order. (Hemant Kumar Srivastava, J) shahzad/- U T