Patna High CourtCR. MISC./30181/2019dismissed

Tapeshwar Rai v. The State Of Bihar

2019-08-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30181 of 2019 Arising Out of PS. Case No.-19 Year-2004 Thana- PIYAR District- Muzaffarpur ====================================================== 1.

TAPESHWAR RAI Son of Ram Nebaj Rai Resident of Village- Tepri @ Hansanagar, P.S.- Piyar, District- Muzaffarpur. 2.

Sanjesu Rai @ Sanjesh Rai Son of Bhola Rai Resident of Village- Tepri @ Hansanagar, P.S.- Piyar, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-08-2019 Heard learned counsel for the parties.

The petitioners are apprehending their arrest in connection with Piyar P.S.Case no.19/2004 registered for offences punishable under Sections 27 of the Arms Act and Section 34 of the Explosive Act..

Prosecution story is that the informant on the sound of explosion of the bomb went to the shop and found that smokes are coming out, though the petitioners are not named in the FIR. It appears that during the investigation, injured has named this petitioner as the person who had exploded the bomb. Submission of the learned counsel for the petitioners is of false implication of the petitioners and they have no criminal

Patna High Court CR. MISC. No.30181 of 2019(4) dt.13-08-2019 2/2 antecedent.

Heard learned A.P.P. has opposed the prayer for bail on the ground that the statement of the injured has been recorded under Section 164 Cr.P.C. and he has named the petitioner also as such they do not deserve bail.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioners. With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T