Patna High CourtCR. MISC./87455/2019dismissed

Arun Rai @ Arun Kumar v. The State Of Bihar

2020-06-26Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87455 of 2019 Arising Out of PS. Case No.-244 Year-2019 Thana- GARKHA District- Saran ============================================== ARUN RAI @ ARUN KUMAR Son of Gauri Shankar Rai Resident of Village- Kuchauv, P.S.- Garkha, District- Saran (Chapra). ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Bashisth Narayan Mishra, Adv.

Mr.Sachida Nand Rai, Adv.

For the Opposite Party/s :

Mr.Nirmala Kumari, APP ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-06-2020 Heard Mr. Bashisht Narayan Mishra, learned counsel for the petitioner and Ms. Nirmala Kumari, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Garkha P.S. Case No. 224 of 2019 dated 29.04.2019 instituted for the offences under Sections 302 and 201/34 of the Indian Penal Code.

It appears from the First Information Report that the deceased was identified by his father with his clothes. It was the suspicion of the informant that somebody had called the deceased on the pretext of marriage negotiation and had

Patna High Court CR. MISC. No.87455 of 2019(3) dt.26-06-2020 2/2 killed him. Later, during the course of investigation, on the basis of telephone records, one Pradeep Kumar was arrested, who has confessed the hand of the petitioner in the killing of the deceased.

Petitioner is the step-brother of the deceased and bored definite animus against the petitioner. Considering the aforesaid materials collected during the course of investigation, I am not inclined to grant anticipatory bail to the petitioner.

However, if the petitioner surrenders before the court below and seeks bail, it shall be considered on its own merits including that the name of the petitioner has transpired in the confession of the co-accused person and shall pass the order in accordance with law without being prejudiced by the fact that the present petition on behalf of the petitioner has not been entertained.

(Ashutosh Kumar, J) sunilkumar/- U T