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Patna High CourtCR. MISC./32671/2021dismissed

Sanjay Rai v. The State Of Bihar

2022-02-09Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32671 of 2021 Arising Out of PS. Case No.-201 Year-2019 Thana- GANGABRIDGE District- Vaishali ====================================================== SANJAY RAI Son of Late Ram Kripal Rai @ Kuldip Rai, Resident of Village - Saifpur, P.S.- Ganga Bridge, Dist. - Vaishali. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Anil Kumar, Advocate For the Opposite Party :

Mr. Mukesh Kumar, APP For the Informant :

Mr. Shivjee Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-02-2022 Heard learned counsel for the parties through video conferencing.

Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

This application for anticipatory bail arises out of Ganga Bridge P.S. Case No. 201 of 2019 for the offence punishable under Section 302/34 of the Indian Penal Code. Allegation against the petitioner is that he has participated in the brutal murder of Ravi Kumar, who was shot by some of the F.I.R. named persons and the petitioner was also member of the mob and he is being prosecuted under Section 302/34 of the Indian Penal Code.

It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.32671 of 2021(2) dt.09-02-2022 2/2 petitioner that though the petitioner is named in the F.I.R. but there is no overt act against him and two similarly situated accused persons have been granted anticipatory bail by this Court.

Learned counsel for the informant appears and opposes the prayer for anticipatory bail by submitting that this is a serious offence in which a young man has been killed and he has sustained nine gun shot injuries.

Considered the submission of the parties.

Considering the gravity of the offence and also the fact that the deceased died of nine gun shot injuries and that the petitioner was a member of the mob, which has brutally killed the deceased, this is not a fit case for grant of anticipatory bail to the petitioner.

Accordingly, this bail application is dismissed. (Sandeep Kumar, J) pawan/- U T