Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37871 of 2020 Arising Out of PS. Case No.-40 Year-2020 Thana- ISLAMPUR District- Nalanda ====================================================== 1.

Chandan Kewat @ Chandan Kumar S/o Arjun Kewat R/o Village- Balamat Bigha, P.S- Islampur, District- Nalanda.

2.

Ranjit Kumar @ Ranjit Kewat S/o Bachchu Kewat R/o Village- Hulasganj, P.S.- Hulasganj, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tej Narayan Singh, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-10-2021 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Islampur P.S. Case No. 40 of 2020 for the offence punishable under Sections 364, 302/34 of the Indian Penal Code.

According to the prosecution case, on account of watering the field, an scuffle took place 15 days prior to the occurrence between the informant and the petitioners and in revenge, the daughter of the informant has been killed. Learned counsel appearing for the petitioners submits that the petitioners, who are of clean antecedent,

Patna High Court CR. MISC. No.37871 of 2020(3) dt.28-10-2021 2/2 are innocent and have not committed any offence. In fact, the petitioners have been made accused in this case on the basis of suspicion as there is no eye witness to the alleged occurrence. Neither any cogent material has come during course of investigation against the petitioners nor any circumstantial evidence is available in the case dairy. Hence, the petitioners may be granted the privilege of anticipatory bail.

Learned A.P.P. for the State has, vehemently, opposed the prayer for anticipatory bail and submitted that charge-sheet has been submitted in this case against the accused persons on 09.04.2021.

Considering the facts and circumstances of the case, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. Accordingly, the prayer for grant of anticipatory bail to the petitioner is rejected. (Rajesh Kumar Verma, J) braj/- U T