Ram Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21457 of 2017 Arising Out of PS.Case No. -209 Year- 2015 Thana -BIBHUTIPUR District- SAMASTIPUR ====================================================== Ram Kumar Rai Son of late Bharat Rai Resident of Village- Damodarpur, P.S. Bibhutipur, District Samastipur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shikha Roy, Advocate For the Opposite Party/s : Mr. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-07-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Bibhutipur P.S. Case No. 209/2015 for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

According to FIR the informant heard the sound of firing. When he woke up he saw the petitioner and co-accused Dayanand Yadav were fleeing from there, causing fire-arm injury to his father who died of the said injury.

Submission of the learned counsel for the petitioner is that there is no eye-witness of the occurrence and for old dispute the false implication is there. In fact the informant is not eye

Patna High Court Cr.Misc. No.21457 of 2017 (3) dt.04-07-2017 2/2 witness of the case. At this stage statement of informant cannot be disbelieved.

Considering the aforesaid materials against the petitioner, I am not inclined to grant anticipatory bail to the petitioner in connection with Bibhutipur P.S. Case No. 209/2015 pending in the Court of learned Additional Chief Judicial Magistrate-III, Rosera (Samastipur).

(Birendra Kumar, J) veena/- U