Raju Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78163 of 2024 Arising Out of PS. Case No.-339 Year-2024 Thana- BAKHTIYARPUR District- Patna ====================================================== Raju Pandey S/o Surendra Pandey @ Surendra Pandey Resident of VillageNaya Tola Bariyarpur, P.S.- Bakhtiyarpur, Distt.- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar, Adv.

For the Opposite Party/s :

Mr. Satyendra Narayan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-12-2024 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Bakhtiyarpur Police Station Case No. 339 of 2024, disclosing offences under Sections 147, 148, 149, 302 and 120 (B) of the Indian Penal Code and Section 27 of the Arms Act, 1959.

3. The prosecution case, as per the First Information Report, is that on 12.06.2024, co-accused Gauri Rai along with his two sons and other accused persons killed the informant's son. The petitioner along with others are said to be involved in conspiracy for murder of informant's son.

4. Learned Counsel for the petitioner submits that petitioner has falsely been implicated in this case due to village

Patna High Court CR. MISC. No.78163 of 2024(2) dt.02-12-2024 2/2 politics and the direct allegation of firing is upon the co-accused Gauri Rai. He further submits that the petitioner has been implicated in this case as a conspirator whose name has come on the basis of confessional statement of the main accused Gauri Rai and his son Niraj Kumar.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the gravity of the offence and the fact that petitioner is said to be conspirator in the present offence, I am not inclined to grant the petitioner privilege of anticipatory bail.

6. The prayer for anticipatory bail, is accordingly, rejected.

(Anil Kumar Sinha, J) Siwani/- U T