Vivek Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.33377 of 2018 (4) dt.06-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33377 of 2018 Arising Out of PS.Case No. -495 Year- 2016 Thana -DANAPUR District- PATNA ======================================================

1. Vivek Rai S/o Seth Rai, R/o Mohalla- Company Bagh, P.S.- Danapur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Santosh Kumar Singh For the Opposite Party/s : Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 31.12.2016 in connection with Danapur P.S. Case No. 495 of 2016 for the offence registered under Sections 302/120B of the Indian Penal Code and Section 25(1-b)a, 26, 35 and 27 of the Arms Act. Learned counsel for the petitioner submits that the informant is not the eye witness of the occurrence and, as such, the story cannot be believed. It is further submitted that the deceased was himself a man of criminal antecedent and just come out from the jail and, therefore, he may be extended the privilege of bail. Diary of the present case was called for, which has since been received.

Patna High Court Cr.Misc. No.33377 of 2018 (4) dt.06-08-2018 After hearing learned counsel for the petitioner and learned counsel for the State, it appears that there is sufficient material in the case diary to implicate the petitioner in connection with the present case as he is alleged to be one of the main assailants and thus, not entitled to privilege of bail. It is, accordingly, rejected.

(Anjana Mishra, J) Jagdish/- U T