Ravi Kumar Rai @ Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31951 of 2023 Arising Out of PS. Case No.-30 Year-2023 Thana- RIVILGANJ District- Saran ====================================================== Ravi Kumar Rai @ Ravi Kumar, S/o Achhe Lal Rai, R/o Village- Sengar Tola, P.S- Revilganj, Distt.- Saran.

... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP For the Informant :

Mr. Bindhyachal Singh, Sr. Advocate Mr. Ram Binod Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Revilganj P.S. Case No. 30/2023 registered for the offence under Sections 342, 302, 504/34 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 08.02.2023 The allegation against the petitioner is to commit murder of the brother of informant alongwith other co-accused persons by inflicting injuries with knife, where occurrence is arises out of certain disputes on the occasion of Sarsawati Puja.

Patna High Court CR. MISC. No.31951 of 2023(2) dt.22-06-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that petitioner implicated falsely with the present case and it is highly doubtful that in evening, he saw the occurrence with such a clarity to raise specific allegation as to cause fatal injury against the petitioner. It is also submitted that petitioner is a student and man of clean antecedent, and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Heard learned APP for the State and learned Senior counsel Mr. Bindhyachal Singh for the informant, it is submitted while opposing the prayer of bail that specific allegation as to cause fatal knife injury is available against this petitioner. It is also submitted that informant is the eye witness of the occurrence and there is no occasion to disbelieve his version. It is further submitted that in furtherance of confessional statement of co-accused, Sonu Chaudhary, weapon of murder, i.e. knife was recovered from bush nearby place of occurrence. Considering the facts and circumstances as mentioned above and by taking note of nature of allegation, which is specific as to cause fatal knife injuries to deceased by this petitioner, where alleged knife was also recovered in furtherance

Patna High Court CR. MISC. No.31951 of 2023(2) dt.22-06-2023 3/3 of confessional statement of co-accused, accordingly, the prayer of bail of petitioner is rejected herewith.

(Chandra Shekhar Jha, J) veena/- U T