Munna Rai @ Ram Nath Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33761 of 2017 Arising Out of PS.Case No. -160 Year- 2015 Thana -MARHAURA District- SARAN ====================================================== Munna Rai @ Ram Nath Rai, son of Late Kashi Rai, Resident of VillageNasiriganj, Police Station- Danapur, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 20-07-2017 Heard both sides.

Apprehending his arrest in Marhowrah P.S. Case No. 160 of 2015 registered under section 302/34, the petitioner has prayed for grant of anticipatory bail.

The FIR was lodged against one Jhula Malik and his son. Jhula Malik, on arrest, made a confessional statement naming the driver of the third truck who had crushed the bodies of the two drivers of the two trucks. The petitioner is alleged to be the driver of the third truck.

Counsel for the petitioner submits that the confessional statement was recorded after several months. In his confessional statement, the running over the bodies of the two truck drivers (deceased/s) by the third truck driver has only been stated. It is yet to be established that the petitioner was the driver of the third

Patna High Court Cr.Misc. No.33761 of 2017 (2) dt.20-07-2017 2/2 truck.

Counsel for the State, on the other hand, submits that in a very cruel manner the two deceased/s were done to death. In course of investigation, the needle of suspicion is also pointed towards the petitioner as would be evident from the impugned order.

Considering the seriousness of the offence and other materials reflecting from the records, I am not persuaded to grant anticipatory bail to the petitioner. Prayer is rejected. The petitioner shall surrender and prayer for regular bail.

(Kishore Kumar Mandal, J) HR/- U T