Shatrudhan Kumar @ Shatrudhan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35196 of 2024 Arising Out of PS. Case No.-273 Year-2017 Thana- DANAPUR District- Patna ====================================================== Shatrudhan Kumar @ Shatrudhan Rai Son of Harindra Ray @ Harendra Ray Resident of Village - Chitrasenpur, P.S. - Sonepur, District - Saran. ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raushan Raushan, Advocate Mr. Sahil Kumar, Advocate For the Opposite Party/s :
Mr.Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-08-2024 Heard the parties.
2. The petitioner is apprehending arrest in connection with Danapur P.S. Case No. 273 of 2017 instituted under Sections 302, 428, & 34 of the Indian Penal Code lodged on 13.05.2017 by the informant, Krishna Kumar.
3. As per the prosecution story, the informant alleged that on 11.0.5.2017 when he had gone to attend the coaching classes and later returned, came to know that his father has gone to the house of Prabhu Rai/Upendra Rai to demand the amount they have taken. As he went to the said place, found his father in unconscious state and upon query, he gave name of this petitioner alongwith Upendra Rai and Prabhu Rai who mixed poison in the cold drinks. Later, he was rushed to hospital but
Patna High Court CR. MISC. No.35196 of 2024(2) dt.02-08-2024 2/2 died. Accordingly, the FIR.
4. Learned counsel for the petitioner submitted that one of the accused persons Prabhu Rai has now been acquitted, learned APP, Mr. Jitendra Kumar Singh submits that for seven years, the petitioner has absconded, thus, delaying the trial and which got bifurcated. Only after the acquittal, now he is pursuing legal remedy and as such the anticipatory bail is fit to be rejected.
5. This Court is in complete agreement with the learned APP, a death took place, the petitioner was named accused, chose to evade arrest for seven long years and now has approached this Court for anticipatory bail. Accordingly, the same is rejected.
(Rajiv Roy, J) Ravi/- U t