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Patna High CourtCR. MISC./40088/2021rejected

Lallu Rai @ Vivek @ Vivek Kumar Rai v. The State Of Bihar

2022-04-12Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40088 of 2021 Arising Out of PS. Case No.-315 Year-2021 Thana- ARA NAWADA District- Bhojpur ====================================================== LALLU RAI @ VIVEK @ VIVEK KUMAR RAI S/o Brij Bihari Ray @ Brij Kishore Ray R/o Mohalla- Ram Nagar Chandawa, Road No. 2, P.S.- Ara Nawada, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Malti Kumari For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 12-04-2022 Heard learned counsels for the petitioners and the State.

Petitioners apprehend arrest in connection with Ara Nawada P.S. Case No. 315 of 2021 registered for the offence punishable under sections 307/34 of the Indian Penal Code and section 27 of the Arms Act.

Learned counsel appearing for the petitioners submits that petitioner has not committed any offence as alleged in the first information report and he have been falsely implicated in this case. As a matter of fact no such occurrence ever took place. Petitioner has no criminal antecedent.

Learned Addl. P.P. appearing for the State opposes

Patna High Court CR. MISC. No.40088 of 2021(3) dt.12-04-2022 2/2 the prayer for bail and submits that petitioner is named accused in the first information report and there is direct allegation of firing 6-7 rounds of shots from his firearm supported with the injuries. Petitioner, therefore, does not deserve to be granted the privilege of bail.

Considering the nature of allegations levelled, the materials available on record and the submissions advanced on behalf of the parties, this Court does not find it to be a fit case for grant of anticipatory bail to the petitioner. The same is, therefore, rejected.

(Arvind Srivastava, J) mcv/- U T