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Patna High CourtCR. MISC./33342/2016rejected

Jitendra Rai And ANR v. The State Of Bihar

2016-08-24Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.33342 of 2016 (2) dt.24-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33342 of 2016 Arising Out of PS.Case No. -21 Year- 2016 Thana -SAHAR District- BHOJPUR ======================================================

1. Jitendra Rai,

2. Ranjeet Rai @ Ranjeet Kumar Rai, Both Sons of Late Heera Rai, R/o Village- Baruih, P.S.- Sahar, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar, Advocate. For the Opposite Party/s : Mr. Smt. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-08-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sahar P.S. Case No. 21 of 2016 registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The accusation is that in the midnight of 22/23.02.2016 petitioners along with others went to the hut of the informant, where mother of informant was sleeping. When both petitioners enquired from her mother about her father then she told about sleeping of her husband in another hut. At that time, Murlidhar Rai and Dharnidhar Rai along with petitioners took the father of the informant and after sometime a sound of firing was

Patna High Court Cr.Misc. No.33342 of 2016 (2) dt.24-08-2016 heard. When the informant went towards the sound of firing, he found his father dead.

Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case mere on suspicion as the occurrence took place in the midnight of 22/23.02.2016 and the informant did not see the occurrence. It is further submitted that petitioners have no criminal antecedent. Having considered the facts and circumstances of the case and the nature of allegation against the petitioners, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, his prayer for grant of anticipatory bail stands rejected. (Rajendra Kumar Mishra, J) Bhardwaj/- U T