Ramashish Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5462 of 2017 Arising Out of PS.Case No. -222 Year- 2016 Thana -BHAGWANPUR District- BEGUSARAI ====================================================== Ramashish Rai, son of Late Radha Krishna Rai, resident of villageManopur, P.S.-Bhagwanpur, District-Begusarai. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Suneil Kumar Thakur, Advocate For the Opposite Party : Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 06-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Bhagwanpur P.S. Case No. 222 of 2016 pending in the Court of CJM, Begusarai for the offences instituted under Sections 302 and 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

The informant in his written report has alleged that on 30.11.2016 in the evening, this petitioner Ramashish Rai called the informant's son Bipul Kumar @ Chhotu from the Yagya place and took him to the orchard of Vijay Choudhary where other coaccused persons were present. Out of them Prem Kumar Singh, Sunil Kumar Singh @ Bablu Singh caught hold the son of the informant and accused Satyam Kumar shot fire with pistol which

Patna High Court Cr.Misc. No.5462 of 2017 (2) dt.06-02-2017 2/2 hit below the temporal region on chick and during course of treatment, he died. He has further alleged that hearing the sound of firing the villagers rushed towards the place of occurrence and therefore the accused persons fled away from the place of occurrence.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and he is an old man aged about 70 years having good reputation in the locality. He has been made accused in this case only for the reason that his grandson Satyam Kumar is the assailant of the deceased. On behalf of the State, it has been submitted that the petitioner is named in the FIR and has actively participated in the alleged occurrence. He took away the victim towards the place of occurrence where he was shot to dead.

Considering the above material showing the complicity of this petitioner in commission of murder of deceased, I am not inclined to grant anticipatory bail to the petitioner. The prayer is therefore rejected.

(Sanjay Kumar, J) B.Kr./- U T