Mukesh Rai @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70290 of 2019 Arising Out of PS. Case No.-54 Year-2019 Thana- DESARI District- Vaishali ====================================================== MUKESH RAI @ MUKESH KUMAR Son of Rajo Ray Resident of Village - Kaithaulia Maniapur, P.S.- Bidupur, District- Vaishali at Hajipur ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-11-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Desri P.S.Case No.54/19 registered for offences punishable under Sections 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

As per FIR, petitioner and other accused persons are said to have dragged the deceased and thereafter one Lala Rai has fired causing death.

Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case as he happens to be driver of Lala Rai and there is allegation of firing against him and the person who has fired on the informant not to the deceased has been granted anticipatory bail and other accused persons have also been granted anticipatory bail.

Patna High Court CR. MISC. No.70290 of 2019(2) dt.07-11-2019 2/2 Heard learned A.P.P. , who has opposed the prayer for on the ground that there is also allegation against this petitioner of dragging the deceased and thereafter other accused has fired. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail.

With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T