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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38464 of 2019 Arising Out of PS. Case No.-364 Year-2018 Thana- BARAUNI DistrictBegusarai ====================================================== 1.

RAJEEV RAI @ RAJEEV KUMAR RAI, male, aged about 30 years, S/o Late Mantun Rai R/o village- Hajipur, P.S.- Barauni, District- Begusarai 2.

Shambu Rai @ Shambhu Rai @ Shambh Rai, male, aged about 49 years, S/o Late Shyamkishor Rai R/o village- Hajipur, P.S.- Barauni, DistrictBegusarai ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Sandip Kumar Gautam, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-06-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 379/34 of the Indian Penal Code registered in connection with Barauni P.S. Case No. 364 of 2018.

3. It is submitted that the petitioners have been falsely implicated and there is no accusation of assault whatsoever as regards petitioner no. 1 who is merely said to have snatched Rs. 22,000/- cash and gold chain from the informant. There is one prior case of similar nature in which the petitioner no. 1 was made accused while petitioner no. 2 claims clean antecedents.

Patna High Court CR. MISC. No.38464 of 2019(2) dt.28-06-2019 2/2

4. Learned APP assisted by learned counsel for the informant opposes the anticipatory bail petition. It is submitted on behalf of the informant that the petitioners along with two other co-accused persons came armed with pistols and iron rod in a Bolero and obstructed the informant's motorcycle. The accused persons are said to have assaulted the informant and dragged him before the petitioner no. 1 who snatched the cash and gold chain from the informant and petitioner no. 2 assaulted with iron rod. He invites reference to the order of the learned Sessions Judge which discloses as many as eight injuries out of which injury nos. 3, 4, 5 and 7 are grievous in nature.

5. Having regard to the nature of accusations and the gravity of the offence alleged, this Court is not inclined to grant the privilege of anticipatory bail to the petitioners. The anticipatory bail petition stands dismissed.

(Vikash Jain, J) Ibrar/BT U