Vijay Rai @ Vijay Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16875 of 2022 Arising Out of PS. Case No.-3 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== Vijay Rai @ Vijay Ray Son of Late Mahadev Rai Resident of Village - Kutubpur Saidpur (Chak Mahmad), P.s.- Bidupur, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar Singh For the Opposite Party/s :

Mr.Pramod Kumar Pandey Mr. Niraj Kumar Mr. Nilesh Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-05-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Bidupur P.S. Case No. 03 of 2021, registered for the offence punishable under Sections 302, 323 and other allied sections of the Indian Penal Code. As per the prosecution case, this petitioner assaulted the father of informant with butt of pistol on his head and near right eye.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Allegation of assault is general and omnibus against all the FIR named accused persons including petitioner. Cause of death has not been ascertained as yet. Petitioner is in custody since

Patna High Court CR. MISC. No.16875 of 2022(2) dt.25-05-2022 2/2 18.01.2022 having no criminal antecedent.

Counsel for informant however, vehemently opposed the prayer for bail and submitted that petitioner is one of the assailants of the deceased and there is specific and direct allegation and corresponding injury has been found by the doctor, as per the postmortem report.

Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T