Vicky Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31431 of 2022 Arising Out of PS. Case No.-68 Year-2021 Thana- AWTARNAGAR District- Saran ====================================================== VICKY RAI S/o Harendra Ray R/o Village- Chainpurwa, P.S.- Autarnagar, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nalin Kumar, Adv.

For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-09-2022 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects within three weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case in connection with S.Tr. No.558/2021, arising out of Autarnagar P.S. Case No.68/2021, registered for the offence punishable u/s 302 of the Indian Penal Code.

Allegedly, husband of the informant is said to have been murdered by the F.I.R. named accused persons including the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

Patna High Court CR. MISC. No.31431 of 2022(2) dt.13-09-2022 2/2 has been falsely implicated in this case merely on suspicion. Petitioner is not named in the F.I.R. but during investigation, one co-accused was apprehended by the police and he disclosed the name of petitioner that he is also involved in the said offence. It is submitted that there is no eye-witness to the alleged occurrence and only on suspicion, petitioner has been made accused in this case. Petitioner has no criminal antecedent, as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail by submitting that from perusal of the impugned order and para-73 of the case diary, it transpires that husband of the informant was lastly seen with the petitioner and other co-accused coming on a motorcycle and he was shot dead in the way by firearm. Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is rejected.

Accordingly, this application is dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T