Vijay Rai @ Dilip Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24101 of 2020 Arising Out of PS. Case No.-501 Year-2019 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== VIJAY RAI @ DILIP RAI, Son of Achchhewar Rai @ Late Jagdish Rai, Resident of Village-Nandpuri, Bibiganj, P.S.-Sadar, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the State :

Mr. Sanjay Kr.Tiwari For the Informant : Mr. Bela Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-11-2020 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State through virtual court proceedings.

The petitioner seeks bail in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

As per FIR, Sunil Kumar Gupta @ Bullu Rai @ Vivek Kumar came to the house of informant and started abusing him. When informant and started abusing him. When the informant forbade them, the above person including some other unknown persons committed assault on father of informant with butt of pistol. They also assaulted with fists and legs which resulted in death of his father.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.24101 of 2020(4) dt.02-11-2020 2/2 petitioner is innocent and has falsely been implicated in this case. There is no specific overt-act allegation against the petitioner and there is general and omnibus allegation against him.

Learned counsel for the informant submits that the similarly situated co-accused namely Ballu Rai @ Bullu Rai @ Vivek Kumar of the bail application has been rejected by this Hon'ble Court vide order dated 19.10.2020 passed in Cr. Misc. No. 20081/2020.

Learned APP for the State opposes the prayer for bail petition.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected in connection with Sadar P.S. Case No. 501 of 2019 from the Court of learned Chief Judicial Magistrate, Muzaffarpur.

Accordingly, this application is dismissed.

However, the petitioner is at liberty to renew his prayer for bail after framing of charge (Anjani Kumar Sharan, J) amitkumar/- U T