Patna High CourtCR. MISC./4168/2015dismissed

R.K. Rai @ Sangram Rai @ Rakesh Kumar Rai v. The State Of Bihar

2015-03-10Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4168 of 2015 Arising Out of PS.Case No. -159 Year- 2014 Thana -GOPALGANJ CITY District- GOPALGANJ ======================================================

1. R.k. Rai @ Sangram Rai @ Rakesh Kumar Rai Son of Late Bhukhal Rai @ Sukhal Singh, Resident of Village - Kararia, Police Station - Gopalganj, District - Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate. For the Opposite Party/s : Mr. Anita Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-03-2015 Heard both sides.

The petitioner apprehends his arrest in Gopalganj Town P.S. Case No. 159 of 2014, registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code. The informant named the petitioner along with other accused persons and alleged that while he along with his family members after returning from Milad, on the order of the petitioner Manoj Singh fired at the chest of Rustam Ali. Shri Bakshi S.R.P. Sinha the learned Sr. Advocate submits that prior to lodging of this case, the brother of the deceased was killed in which the petitioner and other accused persons were made accused, but the police after investigation submitted final form finding the case false. In the present case also

Patna High Court Cr.Misc. No.4168 of 2015 (3) dt.10-03-2015 2/2 the police did not find the case true against Manoj Singh who is alleged to have fired. On account of land dispute the petitioner has falsely been implicated in this case.

It appears that the informant and other witnesses are eye witnesses of the occurrence and they have very categorically stated that the petitioner and other accused persons caught the deceased and on the order of the petitioner Manoj Singh fired at the chest of Rustam Ali who died on the spot. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T