Raja Rai @ Raja Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50543 of 2024 Arising Out of PS. Case No.-538 Year-2023 Thana- BOCHAHAN District- Muzaffarpur ====================================================== Raja Rai @ Raja Ray Son Of Ganga Ray Resident Of Village - Roshi, P.S. - Bochaha, District - Muzaffarpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhusudan Kumar For the Opposite Party/s :
Mr. Md. Mushtaque Alam Mrs. Bela Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-08-2024 Heard learned counsel for the petitioner, learned A.P.P for the State and learned counsel for the informant.
2. The petitioner apprehends his arrest in a case registered for offence under Sections 341, 342, 323, 324, 325, 307, 379 and 504 of the Indian Penal Code and later on, Section 302 of the I.P.C. was added in F.I.R.
3. Allegation against petitioner is that he alongwith other co-accused persons assaulted the informant with knife and iron rod, as a result of which, during course of treatment, he died.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case due to old enmity. Allegation of assault is general and omnibus in nature. In fact, the deceased died due to Septicemia and shock.
Patna High Court CR. MISC. No.50543 of 2024(2) dt.20-08-2024 2/2
5. However, learned counsel for the informant vehemently opposes the prayer for anticipatory bail and submits that petitioner is named in the F.I.R. with specific accusation that he alongwith other F.I.R. named co-accused brutally assaulted informant with knife and iron rod, as a result of which, the deceased sustained multiple injuries and during treatment, died. Post-mortem report also supports the prosecution case. Petitioner has also got six criminal antecedents.
6. Considering the nature of accusation and criminal antecedent, the prayer for anticipatory bail of petitioner is rejected.
(Prabhat Kumar Singh, J) anay U T