Sipahi Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18101 of 2023 Arising Out of PS. Case No.-225 Year-2019 Thana- SAHPUR District- Patna ====================================================== SIPAHI RAI Son of Late Haricharan Rai Resident of village - Patlapur Bagicha, P.S.- Shahpur, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Usha Kumari Singh For the Opposite Party/s :
Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in Shahpur P.S. Case No. 225 of 2019 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 504, 325, 307 and 302 of the Indian Penal Code and Section 27 of the Arms Act, pending in the Court of learned ACJM, 1st , Danapur. As per the prosecution case, the petitioner is said to have shot at the wife of the informant repeatedly, causing her instantaneous death.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that
Patna High Court CR. MISC. No.18101 of 2023(3) dt.24-06-2023 2/2 there is land dispute between the parties. He submits that coaccused have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 27.11.2019 passed in Cr. Misc No. 54192 of 2019. The petitioner has got no criminal antecedent as mentioned in para-3 of the bail application. Learned APP for the State vehemently opposing the bail petition submitted that the petitioner is that main assailant, it is clear from the F.I.R. itself. Hence, he does not deserve privilege of anticipatory bail.
Considering the facts and circumstances of case and the fact that the petitioner is the main assailant, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. (Anjani Kumar Sharan, J) anand/- U T