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Patna High CourtCR. MISC./23899/2024dismissed

Birendra Kumar Rai @ Birendra Rai @ Bablu Rai @ Bablu Kumar Rai v. The State Of Bihar

2024-04-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23899 of 2024 Arising Out of PS. Case No.-108 Year-2017 Thana- PIPRA District- Supaul ====================================================== BIRENDRA KUMAR RAI @ BIRENDRA RAI @ BABLU RAI @ BABLU KUMAR RAI S/O- LATE DEVKANT RAI R/O- VILLAGE- SHAHPUR PIRTHIPATTI, P.S.- BHAPTIYAHI, DIST.- SUPAUL. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun .

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-04-2024 Heard Mr. Arun, learned counsel for the petitioner as well as Mr. Dilip Kumar No.1, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Pipra P.S. Case No.108 of 2017, registered for the offence punishable under Sections 363, 365 of the Indian Penal Code.

3. The allegation against the petitioner is that he and other co-accused persons committed loot from the informant on gun point.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is no specific overt act against the petitioner. Petitioner is not named in the FIR, his name transpired in the present case on the basis of

Patna High Court CR. MISC. No.23899 of 2024(2) dt.24-04-2024 2/2 confessional statement of co-accused. Petitioner has two criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as well as considering that there is ample material against the petitioner in the case diary, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. This application is, accordingly, dismissed. (Anjani Kumar Sharan, J) shikha/- U T