Rajdeo Rai @ Rajdev Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48674 of 2019 Arising Out of PS. Case No.-223 Year-2012 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Rajdeo Rai @ Rajdev Ray, Son of Late Bilash Rai, Resident of Village - Husapur, P.S.- Sahebganj, District- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-08-2019 This is an application for grant of anticipatory bail in connection with Sahebganj P.S. Case No. 223 of 2012, disclosing offences under Section 396 of IPC and Section 27 of the Arms Act.

As per F.I.R. there is allegation that several miscreants committed firing in the house of the informant and one persons has died in the occurrence. It further appears that name of the petitioner transpired in the confessional statement of the coaccused. Submission of the learned counsel for the petitioner is that except confessional statement of the co-accused, there is nothing against the petitioner. He has no criminal antecedent. Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail on the ground that this case is of the year

Patna High Court CR. MISC. No.48674 of 2019(2) dt.05-08-2019 2/2 2012 and he has appeared and filed this application after seven years and the investigation is still going on against this petitioner.

Having heard both sides, in view of the fact that in the confessional statement of the co-accused, name of the petitioner transpired and the investigation is still going on and the case is of year 2012, I am not inclined to grant privilege of anticipatory bail to the petitioner. However, he may surrender before the learned court below and make prayer for regular bail, the same shall be considered by the learned court below on its own merit. With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T