Yugal Kishor Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69102 of 2022 Arising Out of PS. Case No.-86 Year-2022 Thana- PATORI District- Samastipur ====================================================== YUGAL KISHOR RAI Son of Late Damodar Rai R/v- Sahpur Undi, P.S.- Patory, Dist- Vaishali ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar For the Opposite Party/s :
Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in Patory P.S. Case No. 86 of 2022 registered for the offences punishable under Section 302/34 of the Indian Penal Code. Some unknown miscreants are said to have committed the murder of father of the informant. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. Petitioner has been falsely implicated in this due to previous enmity. Petitioner is not named in the F.I.R. but his name has been surfaced on the basis of confessional statement of co-accused Kundan Kumar. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner
Patna High Court CR. MISC. No.69102 of 2022(2) dt.27-02-2023 2/2 has no concern with co-accused Kundan Kumar. Petitioner has no criminal antecedent.
Learned APP for the State vehemently opposing the bail petition submitted that considering the seriousness of the allegation, the petitioner does not deserve anticipatory bail. Considering the facts and circumstances of case as well as the nature of the allegation, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.
However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) Trivedi/- U T