Ajay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36942 of 2021 Arising Out of PS. Case No.-383 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== AJAY RAI Son of Rameshwar Ray Resident of Village - Paharpur, P.S.- Saraiya, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Nandan, Adv.

For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 307 and other sections of the Indian Penal Code.

As per the prosecution case, it is stated that while the petitioner caught hold of Manish Kumar, Upendra Bhagat struck him with a knife leading to his death. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case under a misunderstanding. He was present only to stop the fight between the two. He had no role nor any motive to commit the crime. He is in custody since 22.1.2021 and has no criminal antecedent. Chargesheet has been submitted in the case.

Patna High Court CR. MISC. No.36942 of 2021(3) dt.03-02-2022 2/2 Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R. wherein there is allegation against the petitioner of having caught the deceased while he was assaulted by Upendra Bhagat leading to his death, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Learned trial court is directed to expedite the trial. (Partha Sarthy, J) Saurabh/- U T