Patna High CourtCR. MISC./35186/2024bail rejected

Siya Ram Rai v. The State Of Bihar

2024-10-18Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35186 of 2024 Arising Out of PS. Case No.-663 Year-2022 Thana- GHORASAHAN District- East Champaran ====================================================== Siya Ram Rai Son Of Late Ram Dewan Rai Village -Dhum Nagar PS -Ghorasahan District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar No.III, Adv.

For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-10-2024 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Ghorasahan P.S. Case No. 663 of 2022 for the offence under Sections 302/34 of the Indian Penal Code lodged on 07.12.2022 by the informant, Rajbansi Rai.

3. As per the prosecution story, the informant alleged that due to suspicion that his son acts as spy for the police informing the illegal liquor business, all of them with the common intention killed him and put his body outside his house. Accordingly, the F.I.R.

4. Learned counsel for the petitioner submits that though the name of the petitioner has come in the F.I.R., the allegation is omnibus in nature and others have been granted relief.

Patna High Court CR. MISC. No.35186 of 2024(2) dt.18-10-2024 2/2

5. Learned APP for the State opposes the prayer submitting that the matter is of the year 2022, most of the accused persons have been granted bail and not anticipatory bail and the petitioner has delayed coming to the Court by filing the present petition.

6. Taking into account the aforesaid facts/submission of the parties and further that the similarly situated accused persons have been granted bail, learned APP for the State has rightly pointed out that the petitioner has delayed coming to the Court despite the fact that the case is of the year 2022 and his name has figured in the F.I.R., it would be appropriate that he seek bail.

7. Accordingly, the anticipatory bail petition stands rejected.

8. If the petitioner prefers bail within four weeks from today after surrendering, the learned Court shall take up the matter and dispose it off preferably on the same day. (Rajiv Roy, J.) sadique/- U T