Shree Bhagwan Rai @ Bhagwan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52574 of 2015 Arising Out of PS.Case No. -95 Year- 2014 Thana -DIGHA District- PATNA ======================================================

1. SHREE BHAGWAN RAI @ BHAGWAN RAI Son of Jagan Rai R/o Village Surodha, P.S. Koilwar, District Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Ataul Haque For the Opposite Party/s : Mr. Md.Arif (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-12-2015 Heard both sides.

The petitioner apprehends his arrest for the offences punishable under sections 364 (A), 34, 302 and 120B of the Indian Penal Code and section 27 of the Arms Act.

It is submitted that the petitioner is not named in the FIR and his name came in the confessional statement of coaccused, but it appears from perusal of the case diary that Surendra Rai took the deceased with him in pursuance of conspiracy hatched up by Binod Kumar and others and the victim was taken by the side of river Ganges and the petitioner and others caught him and Binod Kumar fired causing his death at the spot. Considering the allegation attributed against the petitioner, I am not inclined to enlarge the petitioner on

Patna High Court Cr.Misc. No.52574 of 2015 (3) dt.22-12-2015 2/2 anticipatory bail and according his prayer for anticipatory bail stands rejected in connection with Digha P.S. Case No. 95 of 2014 pending in the court of C.J.M. Patna.

(Prabhat Kumar Jha, J) Abhay/- U T