Vijay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47424 of 2021 Arising Out of PS. Case No.-196 Year-2017 Thana- LALGANJ District- Vaishali ====================================================== VIJAY RAI S/o Mahesh Ray Resident of Village- Amritpur, P.S. and DistrictVaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Sinha For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 31-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 397 of the Indian Penal Code.

As per the prosecution case, six accused persons on two motorcycles are said to have looted the informant of his bag containing Rs.4.95 lacs on the point of pistol. The informant identified the petitioner and one Vinay Rai amongst the six accused persons.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The same would be evident from the material that has transpired in course of investigation. It has come in paragraph no.32 of the

Patna High Court CR. MISC. No.47424 of 2021(4) dt.31-03-2022 2/2 case diary that there had been altercation between the petitioner and the informant a few days ago, which is the cause of false implication of the petitioner. No incriminating article has been recovered from the possession of the petitioner. Coaccused Surya Kant Pandey has been enlarged on bail vide order 26.11.2018 passed in Cr. Misc. no.66837 of 2018. The petitioner is in custody since 23.4.2021.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner having absconded for more than three and half years together with the petitioner being named in the FIR and there being direct allegation against him, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Bibhash/- U