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Patna High CourtCR. MISC./3053/2023bail rejected

Ranjan Rai @ Ranjan Kumar @ Loha v. The State Of Bihar

2023-05-16Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3053 of 2023 Arising Out of PS. Case No.-282 Year-2021 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== RANJAN RAI @ RANJAN KUMAR @ LOHA S/o Raghunath Bhagat R/vAdharpur, P.S.- Muffasil, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baidyanath Prasad For the Opposite Party/s :

Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-05-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Muffasil Samastipur Police Station Case No. 282 of 2021 dated 22.06.2021, disclosing offences under Sections 147/148/149/341/323/324/307/302/354/380/435/436/452/427 of the Indian Penal Code.

The prosecution story, on the basis First Information Report, is that the petitioner and other co-accused persons entered into the house of the informant, dragged family members along with mother of the informant and assaulted her brutally due which she died and one another person, namely, Md. Anwar, cousin brother of the informant, was also dragged

Patna High Court CR. MISC. No.3053 of 2023(2) dt.16-05-2023 2/3 and assaulted by means of knife due which he died in the incident. It is a case of double murder.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to previous dispute and there is a case and counter case between the parties inasmuch as from the side of the petitioner one person has also died, for which First Information Report has been lodged on 21.06.2021 bearing Muffasil Samastipur Police Station Case No. 280 of 2021, for murder of brother of the petitioner by the informant's family. He next submits that the allegation against the petitioner is that he tried to drown the mother of the informant in water, but cause of death is different than due to drowning.

On the other hand, learned counsel for the informant vehemently opposes the prayer for anticipatory bail and submits that in order to take revenge of the death of the brother of the petitioner, the petitioner along with others arrived at the house of the informant, dragged her mother and cousin brother and killed both of them. He next submits that it is a case of double murder and the allegation against the petitioner is specific that he brutally assaulted the mother of the informant after dragging her from the house due which informant's

Patna High Court CR. MISC. No.3053 of 2023(2) dt.16-05-2023 3/3 mother died.

Regards being had to the submissions made on behalf of the parties and taking into consideration the nature of allegation against the petitioner and the fact that this is a case of double murder, accordingly, I am not inclined to exercise my discretion for grant of anticipatory bail.

This application is, accordingly, dismissed.

(Anil Kumar Sinha, J) ashwani/- U