Ram Nandan Rai @ Ram Nandan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7079 of 2021 Arising Out of PS. Case No.-176 Year-2010 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Ram Nandan Rai @ Ram Nandan Ray Son Of Late Prayag Rai R/O Vill.- Belahiya, P.S.- Ahiyapur, Dist.- Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-11-2021 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Md. Fahimuddin, learned APP for the State.

The petitioner in the present case is seeking pre-arrest bail in connection with Ahiyapur P.S. Case No. 176 of 2010 registered for the offences punishable under Sections 147, 148, 149 & 302 of the Indian Penal Code. He has got no criminal antecedent.

Learned counsel for the petitioner submits that the allegation against the petitioner is that he along with other coaccused assaulted the deceased by fists, slaps and danda as a result of which the deceased died on the spot. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.7079 of 2021(2) dt.23-11-2021 2/2 petitioner is innocent and has falsely been implicated in the present case. It is submitted that no injury has been found on the person of the deceased. The petitioner has no criminal antecedent.

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

Having regard to the fact that the petitioner is named in the FIR and the case is of the year 2010, this Court is not inclined to release the petitioner on pre-arrest bail. The prayer for anticipatory bail of the petitioner is, thus, refused. If the petitioner surrenders in the learned court below and prays for regular bail, the same will be considered on its own merit keeping in view the materials available on the record. The application is disposed of accordingly.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.