Barak Kushwaha @ Ranvijay Bahadur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58747 of 2018 Arising Out of PS. Case No.-285 Year-2018 Thana- JAGDISHPUR District- Bhojpur ====================================================== Barak Kushwaha @ Ranvijay Bahadur, Son of Gopal Ji Singh, Resident of Village- Sheoganj Tola, Police Station- Jagdishpur, District- Bhojpur. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. S.N.P. Sinha, Sr. Adv.

Mr. Mukul Prasad, Adv.

For the Opposite Party/s :

Mr. Rajeev Nayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 20-09-2018 Heard Sri S.N.P. Sinha, learned senior counsel, assisted by Sri Mukul Prasad, learned counsel for the petitioner and Sri Rajeev Nayan, learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Jagdishpur P.S. Case No.285 of 2018 registered for offence under Sections 364 / 120(B) of the Indian Penal Code, has prayed for grant of bail, in the event of his arrest or surrender. Sri Sinha, learned senior counsel appearing on behalf of the petitioner, by way of referring to F.I.R., submits that of course, the petitioner has been arrayed as accused in the F.I.R., but only suspicion has been raised against the petitioner, otherwise there is no direct accusation against the petitioner and, as such, it has been argued that the petitioner may be extended the privilege of bail, in the event of his arrest or surrender.

Patna High Court Cr.Misc. No.58747 of 2018(2) dt.20-09-2018 2/2 Learned Addl. Public Prosecutor has opposed the prayer for grant of anticipatory bail.

Besides hearing, I have perused the material available on record. Fact remains that F.I.R. was lodged recently on 27-07-2018, in which it has been alleged that son of the informant and his close relative with new motorcycle are missing and suspicion has been raised regarding the involvement of the petitioner and one another accused, Munna Yadav. It has been admitted that till date neither son of the informant nor another boy has been recovered. On perusal of the statement made in paragraph-3 of the petition, it is evident that petitioner is accused in other two cases relating to serious offences.

In that view of matter, particularly the nature of accusation in the F.I.R. as well as conduct of the petitioner, there is no reason to entertain the prayer for grant of anticipatory bail. The anticipatory bail petition stands dismissed. (Rakesh Kumar, J.) nawalkrs/- U T