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Patna High CourtCR. MISC./586/2024dismissed

Ravi Kumar @ Ravi Mukhiya v. The State Of Bihar

2024-04-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.586 of 2024 Arising Out of PS. Case No.-158 Year-2023 Thana- SAKRA District- Muzaffarpur ====================================================== 1.

Ravi Kumar @ Ravi Mukhiya Son Of Indrajeet Mukhiya Resident Of VillBaji Buzurg Ps Sakra, District-Muzaffarpur 2.

Indrajeet Mukhiya Son Of Late Rama Mukhiya Resident Of Vill- Baji Buzurg Ps Sakra, District-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Sharma For the Opposite Party/s :

Mr. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-04-2024 Learned counsel for the petitioners submits that the petitioner no. 1 has been arrested by the police, therefore, he seeks permission to withdraw this application with regard to petitioner no. 1.

2. Permission is granted.

3. Accordingly, this application with regard to petitioner no. 1 is dismissed as withdrawn.

4. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State for consideration of bail with regard to rest of the petitioner.

5. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

6. Petitioner along with other accused persons are said to have committed murder of the husband of the informant

Patna High Court CR. MISC. No.586 of 2024(4) dt.16-04-2024 2/2 under a planned conspiracy.

7. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that neither the dead body of the husband of the informant has been recovered from the house of the petitioner nor they have been caught from their home. He submits that there is no eye witness of the occurrence. He submits that there is specific allegation against the petitioner no.

1. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

8. Learned APP for the State opposes the prayer for bail submits that there is sufficient material available in the case diary against the petitioner.

9. Considering the facts and circumstances of the case and the nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Sakra (Bariarpur O.P.) P.S. Case No. 158 of 2023.

(Anjani Kumar Sharan, J) devendra/- U T