Vijay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57268 of 2019 Arising Out of PS. Case No.-408 Year-2018 Thana- MANER District- Patna ====================================================== VIJAY RAI Son of Kailash Rai Resident of Village - Goraiya Sthan, Tata Colony, P.S.- Maner, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-11-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Maner P.S.Case No.408 of 2018 registered for offences punishable under Sections 147, 148, 149, 341, 323, 307, 302, 379 of the Indian Penal Code and Section 27 of the Arms Act. As per FIR, petitioner and two other accused persons fired causing injury to the deceased and he succumbed to the injuries.

Submission of the learned counsel for the petitioner is that the FIR itself shows that there is no eye witness of the occurrence and the petitioner has been falsely implicated in this case on the background of land dispute between the parties and there is plea of alibi of the petitioner also that has to be verified. Heard learned A.P.P. and the learned counsel for the

Patna High Court CR. MISC. No.57268 of 2019(4) dt.22-11-2019 2/2 informant, who has opposed the prayer for bail on the ground that as per FIR, there is direct allegation against the petitioner, as such he does not deserve at least the anticipatory bail.. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner. With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T