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Patna High CourtCR. MISC./28942/2020bail rejected

Rakesh Yadav @ Rakesh Ray v. The State Of Bihar

2020-12-11Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28942 of 2020 Arising Out of PS. Case No.-578 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== RAKESH YADAV @ RAKESH RAY S/o Musafir Ray Resident of VillageKaramawa Jashinpur, P.S.-Turkauliya, District-East Champaran, Motihari. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anshuman Mr.Rajesh Kumar For the Opposite Party/s :

Mr. Sanjay Kumar pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-12-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through Video Conferencing.

This application, for grant of anticipatory bail, arises out of Turkauliya Police Station Case No. 578 of 2019, disclosing offences under Sections 147/148/149/341/302 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case, as per the First Information Report, is that the petitioner, along with others, entered into the house of the informant in the night and the petitioner fired upon the father of the informant, leading to his death. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to land

Patna High Court CR. MISC. No.28942 of 2020(2) dt.11-12-2020 2/2 dispute and in course of investigation, no material has come to connect the petitioner with the alleged killing of the father of the informant.

After having heard learned Counsel for the parties concerned and taking into consideration the materials on record and the fact that the petitioner has been named in the First Information Report and there is direct allegation of firing against him, I am not inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, dismissed.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √