Patna High CourtCR. MISC./80101/2023bail rejected

Mandesh Kumar Ray v. The State Of Bihar

2024-07-12Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80101 of 2023 Arising Out of PS. Case No.-162 Year-2023 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== 1.

MANDESH KUMAR RAY S/O RAMANAND RAY VILLAGEBISHANPUR BERI, PS. MOHIUDDIN NAGAR, DIST. SAMASTIPUR 2.

RAKESH RAY @ RAKESH KUMAR RAY S/O RAMANAND RAY VILLAGE- BISHANPUR BERI, PS. MOHIUDDIN NAGAR, DIST. SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, Adv For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Mohiuddin Nagar P.S. Case No. 162 of 2023 registered under Sections 302, 120B of the Indian Penal Code lodged on 16.06.2023 by the informant, Bangali Ray.

3. As per the prosecution story, the allegation against the accused persons including the petitioner is of assaulting the informant's father, who succumbed to the injury. Accordingly, the FIR.

4. Though learned counsel for the petitioners submit that omnibus allegation is there against these two petitioners and

Patna High Court CR. MISC. No.80101 of 2023(4) dt.12-07-2024 2/2 some others including Ramanand Rai (Cr.MISC No.- 54729 of 2023) granted bail.

5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submits that he cannot equate the bail granted to the accused persons with the anticipatory bail that they are seeking, there is allegation against them, FIR itself.

6. Taking into account the aforesaid facts as also that they have been named in the FIR and despite for last one year they are evading arrest, no relief can be granted.

7. The anticipatory bail petition stands rejected. (Rajiv Roy, J) Jagdish/- U