Amrendra Kumar Rai @ Bhim Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54130 of 2022 Arising Out of PS. Case No.-70 Year-2022 Thana- GAMAHARIYA District- Madhepura ====================================================== AMRENDRA KUMAR RAI @ BHIM RAI Son of Budhan Rai @ Budhdeo Rai R/V- Sihaul, P.S- Bihra, Dist- Saharsa.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner :

Mr. Shiva Shankar Sharma, Advocate For the State :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-02-2023 Heard both sides.

The petitioner apprehends his arrest in connection with Gamhariya P.S. Case No.70 of 2022, registered for the offences punishable under Sections 302, 120(B) and 34 of the Indian Penal Code.

The accusation against the petitioner is of killing the daughter and son-in-law of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that the petitioner is not named in the FIR. The name of the petitioner surfaced in the case in the confessional statement of co-accused, Laxman Rai. It is submitted that no specific

Patna High Court CR. MISC. No.54130 of 2022(3) dt.16-02-2023 2/2 allegation is made against the petitioner rather the allegation against the petitioner is general and omnibus. Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioner by submitting that there is ample evidence in the case diary against the petitioner and complicity of the petitioner also revealed from C.D.R. of recovered mobile nos.7631438996 and 9128541476 as per para52 of the case diary. Considering the nature of offence and complicity of the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for grant of anticipatory bail to the petitioner is hereby rejected. (Anjani Kumar Sharan, J) S.KUMAR/- U T