Chandan Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17696 of 2018 Arising Out of PS.Case No. -522 Year- 2017 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================
1. Chandan Kumar Rai, S/o Raja Ram Rai, Resident of Village-Sikendrapur Rajaura, P.S.-Mufasil, District-Khagaria.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Anand For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-04-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Begusarai Muffasil P.S. No. 522 of 2017, disclosing offences under Sections 302/34 of the Indian Penal Code. Allegation against the petitioner hat he called upon the maternal uncle of the informant and assaulted him and due to which he died.
Learned Counsel for the petitioner has submitted that no specific allegation has been leveled against the petitioner and he has been made accused in this case only because his money was due with the deceased for which he was putting pressure and in fact, the deceased died in some other manner.
Patna High Court Cr.Misc. No.17696 of 2018 (3) dt.25-04-2018 2/2 Learned counsel for the informant opposed the prayer for bail and submitted that the post mortem report corroborates the allegation and the deceased was brutally assaulted and was done to death.
Considering the facts and circumstances of the case, and the nature of allegation, I am not inclined to grant the privilege of anticipatory bail to the petitioner, this application is accordingly dismissed.
The petitioner if so desire, may surrender before the court below and pray for regular bail, which will be considered by the court below on the merit of the case, without being prejudiced by the order of this Court.
(Vinod Kumar Sinha, J) sunil/- U T