Sanjay Rai @ Sanjay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26408 of 2020 Arising Out of PS. Case No.-219 Year-2018 Thana- KATRA District- Muzaffarpur ============================================== SANJAY RAI @ SANJAY KUMAR YADAV Son of Ramsakal Rai Resident of Village- Singhwari, P.S.- Katra, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Das Mr.Anil Kumar For the Opposite Party/s :

Mr. Akbar Ali ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-11-2020 Heard Mr. Pankaj Kumar Das, learned counsel for the petitioner and Mr. Akbar Ali, learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Katra P.S. Case No. 219 of 2018 dated 12.10.2018 instituted for the offence under Section 302, 120(B) and 34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that though in the long F.I.R., the name of the petitioner has

Patna High Court CR. MISC. No.26408 of 2020(3) dt.25-11-2020 2/3 transpired but so far as the accusation of killing the deceased is concerned, the same is based on conjecture and surmises. There is no eye-witness of the occurrence and the only evidence which could be collected during the course of investigation is the confession of one Guarav Thakur, who has claimed that the petitioner also participated in the occurrence. It has, therefore, been urged that the accusation against the petitioner is based on mere suspicion and it cannot be called a circumstantial evidence. However, considering the nature of accusation against the petitioner, I am not inclined to grant anticipatory bail to him.

The prayer for anticipatory bail is rejected. If the petitioner surrenders before the Court below and seeks bail, the Court below would consider his petition on its own merit taking into account the fact that there is no eye-witness of the occurrence and the implication of the petitioner is based on some remote facts which may or may not have any bearing with the offence and shall pass order in accordance with law without being prejudiced by the fact

Patna High Court CR. MISC. No.26408 of 2020(3) dt.25-11-2020 3/3 that the present petition for grant of anticipatory bail has not been entertained.

(Ashutosh Kumar, J) sunilkumar/- U T