Ajay Rai @ Ajay Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74287 of 2024 Arising Out of PS. Case No.-126 Year-2019 Thana- RAGHOPUR District- Vaishali ====================================================== Ajay Rai @ Ajay Ray Son of Shobhit Rai Resident of Village- Sukumarpur, P.S.- Raghopur (Rustampur), Distt.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dayanand Singh, Advocate :
Mr. Pramod Kumar, Advocate For the State :
Mr. Jitendra Kumar Singh, APP For the Informant :
Mr. Mahendra Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-02-2025 Heard the parties.
2. The petitioner is in judicial custody in connection with S.Tr. No. 397 of 2023 arising out of Raghopur (Rustampur O.P) P.S. Case No. 126 of 2019 for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 452, 326, 354, 307, 302, 201, 120(B), 504 and 506 of the Indian Penal Code and section 27 of the Arms Act, lodged on 09.09.2019 by the informant, Bhulli Devi.
3. As per the prosecution story, the allegation against three set of accused persons is/are of killing/cutting three persons and two of them into pieces.
4. So far as the present petitioner is concerned, allegation against him is that he is in the second set of people who took away Chanarik Rai and after killing, cut him down to pieces.
5. Learned counsel for the petitioner Mr. Dayanand Singh submits that some other accused persons have been granted
Patna High Court CR. MISC. No.74287 of 2024(2) dt.06-02-2025 2/2 bail and the case of the petition is not different them.
6. Mr. Mahendra Thakur, learned counsel representing the informant submits that the case was lodged in the year 2019, the petitioner evaded arrest for five years which delayed the Trial, he has criminal antecedent and the last submission is that Santosh Rai @ Golu Rai who was also in the second set of accused who took away Chanarik Rai and after murdering him, was cut into pieces.
7. It is true that some of the accused persons have been granted bail by coordinate Benches including this Court, the facts remains that the petitioner despite being named in the F.I.R. delayed the Trial by evading arrest for long. He has criminal antecedent and as pointed out by Mr. Mahendra Thakur that Santosh Rai has been denied bail in Cr. Misc. No. 51312 of 2024.
8. In that background and since the trial is on as informed by the learned counsel for the informant, it would be appropriate that he faces trial.
9. Accordingly, for the present the bail petition stands rejected.
(Rajiv Roy, J) vinayak/- U T