Sudish Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37965 of 2019 Arising Out of PS. Case No.-729 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== SUDISH RAI Son of Shiv Parsan Ray Resident of Village - Jaisinghpur Mauje, P.S.- Turkouliya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar No1 For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-06-2019 Heard both sides.

The petitioner apprehends his arrest in Turkauliya P.S. case No. 729 of 2018 registered under Section 147, 148, 149, 341, 302 of the IPC.

The father of the deceased named ten persons including the petitioner, Sudish Rai, and alleged that all the accused persons, having armed with different weapons, surrounded his son, Dharmendra, and thereafter the petitioner and others, namely, Achelal Rai, Sunil Kumar, Abhay Kumar, Mohan Rai and Anil Kumar caught his son from behind and on such Jitendra Rai pierced Gupti, a sharp edged weapon, in the chest of Dharmendra. Gabbar Rai and Dilip Rai gave dagger blows in the abdomen and other parts of body of Dharmendra. The learned counsel for the petitioner submits that petitioner along with other accused persons are alleged to have

Patna High Court CR. MISC. No.37965 of 2019(2) dt.21-06-2019 2/2 caught the deceased but allegation of assault with Gupti and dagger was made against Jitendra Rai, Gabbar Rai and Dilip Rai. Similarly situated accused Achhelal Rai has been granted bail but it appears that there is specific allegation against petitioner and others, namely, Achhelal Rai, Sunil Kumar, Abhay Kumar, Mohan Rai and Anil Kumar that they all caught the deceased from behind and only thereafter Jitendra Rai pierced Gupti in his chest and Gabbar Rai and Dilip Rai inflicted dagger blows in the abdomen of Dharmendra, who died on the spot. It appears that petitioner also actively participated in the offence of murder by catching the deceased and only thereafter Jitendra Rai, Gabbar Rai and Dilip Rai inflicted fatal blows. Achhelal Rai and others, who are alleged to have caught the deceased, have been granted regular bail. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T