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Patna High CourtCR. MISC./61869/2023dismissed

Riteek Raushan @ Raushan Kumar v. The State Of Bihar

2023-10-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61869 of 2023 Arising Out of PS. Case No.-228 Year-2022 Thana- GORAUL District- Vaishali ====================================================== RITEEK RAUSHAN @ RAUSHAN KUMAR S/O RAMDAYL BHAGAT @ RAM DAYAL BHAGAT R/O VILLAGE - KERMA, KESRAWAN DIH, P.S. - KUDHNI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mayank Rukhaiyar, Adv.

For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Goraul P.S. Case No. 228 of 2022 registered for the offences punishable under Sections 341, 323, 307, 326, 379, 34 of the Indian Penal Code and later on Section 302 has been added.

3. The prosecution case, in brief, is that on 27.05.2022, all the accused persons, having conspiracy, lifted the deceased on Magic vehicle and assaulted him brutally and threw him a jungle.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been

Patna High Court CR. MISC. No.61869 of 2023(2) dt.13-10-2023 2/2 falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. He has no concern with the alleged occurrence. He is only owner of the D.J. which was used in the marriage venue. He was not even present at the place of occurrence. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail and submitted that petitioner is also involved in the present case as there is sufficient material in the case diary against him.

6. Having regard to the facts and circumstances of the case and considering the nature of the offence, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) divyanshi/- U T