Dilip Kumar @ Dilip Ray @ Dilip Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26636 of 2023 Arising Out of PS. Case No.-326 Year-2020 Thana- KARJA District- Muzaffarpur ====================================================== Dilip Kumar @ Dilip Ray @ Dilip Kumar Rai Son Of Rama Rai Resident Of Village- Bagahi, Ps- Karja, Distt- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Pandey For the Opposite Party/s :
Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-07-2023 Heard both parties.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 307, 394 of the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, while the informant and one Umesh Kumar were returning from office on motorcycle, on the way near Indian Petrol Pump on the Kanti Road, three persons riding on motorcycle surrounded the informant and asked to give his motorcycle. One out of the three accused persons fired which hit the chest of informant. Thereafter, the accused persons took away the motorcycle and other articles.
4. It is submitted that petitioner is not named in the FIR. Name of petitioner transpired in this case on the basis of
Patna High Court CR. MISC. No.26636 of 2023(2) dt.14-07-2023 2/2 statement of Spy. No arms and ammunition has been recovered from possession of this petitioner. There is no material against this petitioner to connect the petitioner with the alleged occurrence.
5. Counsel for informant however opposed the prayer for bail and submitted that petitioner has got two criminal antecedents of Arms Act.
6. Considering the facts aforesaid and gravity of offence, I am not inclined to enlarge the petitioner above-named on anticipatory bail in connection with Karja P.S. Case No. 326 of 2020. Accordingly, the same is rejected.
(Prabhat Kumar Singh, J) vinita/- U T