Patna High CourtCR. MISC./19401/2023dismissed

Rahul Kumar v. The State Of Bihar

2023-07-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19401 of 2023 Arising Out of PS. Case No.-417 Year-2019 Thana- SARAI District- Vaishali ====================================================== Rahul Kumar Son Of Vijay Ray @ Vimal Ray Resident Of Village - Sadapur Dasrath Chok, P.S.- Mahua, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 302, 34 of the Indian Penal Code and Section 27 of the Arms Act. Petitioner is said to have committed murder of the brother of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no eye witness in the present case and only on the basis of suspicion, petitioner has been made accused in this case. He further submits that petitioner has three criminal antecedent of similar nature as stated in para-3 of this application.

Learned APP for the State opposes the prayer for

Patna High Court CR. MISC. No.19401 of 2023(3) dt.06-07-2023 2/2 bail.

Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Sarai P.S. Case No. 417 of 2019.

However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) devendra/- U T