Patna High CourtCR. MISC./41205/2023bail rejected

Arun Rai @ Arun Kumar v. The State Of Bihar

2024-04-10Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41205 of 2023 Arising Out of PS. Case No.-498 Year-2020 Thana- SONEPUR District- Saran ====================================================== Arun Rai @ Arun Kumar Son Of Prakash Ray Resident Of Village- Shivpur, P.S.- Sonepur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vasant Vikas, Adv.

For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sonepur P.S Case No. 498 of 2020 instituted for the offence punishable under Sections 328, 302/34 of the Indian Penal Code.

3. As per prosecution case, it is alleged that petitioner along with co-accused have killed the husband of the informant by administering poison.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is next submitted that petitioner has got no criminal antecedent as

Patna High Court CR. MISC. No.41205 of 2023(6) dt.10-04-2024 2/2 stated in para 3 of the petition.

5. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.

6. From perusal of the F.I.R., impugned order, case diary and during examination of FSL report, it appears visceral organ of the deceased contains methyl alcohol along with ethyl alcohol as Mehtyl alcohol is highly poisonous whereas Ethyl alcohol is chief intoxicating ingredient of all alcoholic beverages. The allegation against the petitioner is very serious in nature and matter is under investigation, considering the facts and circumstances of the case and submissions of learned counsel for the parties, I am not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, prayer for anticipatory bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Mayank/- U T