Patna High CourtCR. MISC./43862/2015disposed

Brahmdeo Rai v. The State Of Bihar

2015-10-16Mr. Justice Samarendra Pratap Singh2 pages

Patna High Court Cr.Misc. No.43862 of 2015 (2) dt.16-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43862 of 2015 Arising Out of PS.Case No. -118 Year- 2014 Thana -RAGHOPUR District- VAISHALI(HAJIPUR) ======================================================

1. Brahmdeo Rai Son of Sagar Rai, Resident of Village - Rustampur, P.S. - Raghopur, District - Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivjee Singh For the Opposite Party/s : Mr. Umesh Lal Verma (App) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 16-10-2015 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case under sections 341, 324, 307, 302/34 of the Indian Penal Code. It is alleged that while the informant was going on motor cycle along with his cousin Shiv Sagar Rai, the accused persons riding motor cycle intercepted them. Accused Shankar Rai opened fire which hit the stomach of his brother Shiv Sagar Rai. The petitioner is named in the F.I.R. along with other accused persons. Counsel for the State submits that the co-accused Mantu Rai with similar allegation to that of the petitioner has been refused anticipatory bail.

The petitioner submits that apart from the informant, he has been named only by one person whereas co-accused Mantu Rai

Patna High Court Cr.Misc. No.43862 of 2015 (2) dt.16-10-2015 was named by a number of persons.

Though there is no specific overt act against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. His prayer for anticipatory bail is rejected. In case, the petitioner surrender and pray for regular bail, the same would be disposed of on the same day without being prejudice by the fact that his prayer for anticipatory bail has been rejected by this Court. (Samarendra Pratap Singh, J) KHAN/- U