Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35909 of 2021 Arising Out of PS. Case No.-91 Year-2020 Thana- AGION (GARHANI) District- Bhojpur ====================================================== RAVI KUMAR Son of Kanhaiya Ram Resident of Village - Sirkichak, P.S.- Sandesh, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Giri For the Opposite Party/s :

Mr. Rajendra Nath Ojha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-03-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Agiaon (Garahani) Police Station Case No. 91 of 2020, registered for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. This is the second attempt on behalf of the petitioner for grant of regular bail. Earlier, the prayer for regular bail of the petitioner was rejected by this Court, vide order, dated 10.12.2020, passed in Criminal Misc. No. 32087 of 2020. The allegation, as per the First Information Report, is that the petitioner fired upon the wife of the informant, due to which she died.

Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.35909 of 2021(3) dt.31-03-2022 2/2 petitioner has falsely been implicated in this case and he has not committed any offence in the manner alleged. He further submits that the C.D.R. was not collected during the course of investigation, showing that the petitioner, at the relevant point of time, was present at the place of occurrence. After having heard learned Counsel for the parties and taking into consideration the fact that the petitioner is the main assailant, there is direct allegation against him, the informant is the eye-witness and earlier the prayer for bail of the petitioner was rejected on merits, I do not see any reason to entertain this second bail application on behalf of the petitioner. This application is, accordingly, dismissed.

Let the trial of the case be expedited.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √