Chandan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29232 of 2015 Arising Out of PS.Case No. -223 Year- 2013 Thana -RAJPUR District- BUXAR ======================================================
1. Chandan Rai Son of Subhash Rai, resident of village- Dehari, P.S.- Rajpur, District- Buxar .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Uma Shankar Sharma For the Opposite Party/s : Mr. Ram Sewak Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-07-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner apprehends arrest in a case registered for the offences punishable under sections 147, 148, 149 and 302 of the Indian Penal Code.
The informant has alleged that on 23.11.2013 when his brother and his friends were coming on a boat, the accused persons came there having arms in their hands on a motor cycle and shot dead Agnideo Rai by co-accused Guddu Rai, Mantu Rai and Ramesh Rai. One Srisnath Adhis was shot dead by the petitioner.
On behalf of the petitioner it is submitted that the petitioner has been falsely implicated in the present case. There is
Patna High Court Cr.Misc. No.29232 of 2015 (2) dt.27-07-2015 no direct allegation against him.
On behalf of the State, it is submitted that the petitioner is the assailant who has fired upon deceased Srisnath Adhis.
Considering the facts aforesaid, I am not inclined to grant privilege of anticipatory bail to the petitioner in connection with Rajpur P.S. Case No. 223 of 2013 pending in the court of the learned Chief Judicial Magistrate, Buxar. This application is, accordingly, rejected.
If the petitioner surrenders in the court below, the same shall be considered on its own merit without being prejudiced by the order of this Court.
(Sudhir Singh, J) Amin/- U