Patna High Court - Orders
Rama Shankar Rai vs The State Of Bihar on 28 September, 2018
Author: Rakesh Kumar
Bench: Rakesh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60222 of 2018
Arising Out of PS. Case No.-92 Year-2017 Thana- KHANPUR District- Samastipur
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Rama Shankar Rai, son of Mahendra Rai, resident of village- Demanpur
Bhola Tol, P.S. Khanpur, District- Samastipur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
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Appearance :
For the Petitioner/s : Mr. Raja Ram Mishra, Adv.
For the Opposite Party/s : Mr. A.P.P.
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CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR
ORAL ORDER
2 28-09-2018Heard Sri Raja Ram Mishra, learned counsel for the petitioner and learned Addl. Public Prosecutor.
The sole petitioner, apprehending his arrest in Khanpur P.S. Case No. 92 of 2017 registered for offence under Sections 307, 323, 34, 341, 354, 379, 504, 506 of the Indian Penal Code, has prayed for grant of bail, in the event of his arrest or surrender, primarily on two grounds; firstly, it has been argued that other two accused persons of the same F.I.R., namely, (i)Rajgir Rai and (ii) Sheela Devi have already been extended the privilege of anticipatory bail vide Cr. Misc. No. 58625 of 2017 and secondly, on the ground of alibi. By way of referring to Annexure-2 to the petition, learned counsel for the petitioner submits that the petitioner is a Home Guard Constable and he was already deputed at the embankment of river to guard Patna High Court Cr.Misc. No.60222 of 2018(2) dt.28-09-2018 2/2 the bandh day night to check the flood and attendance sheet has already been brought on record.
On going through the F.I.R., it is evident that there is specific case against the petitioner that he gave khanti blow on the head of son of the informant. So far as other two accused persons, who have been granted anticipatory bail, are concerned, their case is not exactly similar to the case of the petitioner. So far as alibi regarding the petitioner is concerned, at the stage of entertaining the anticipatory bail petition, it would not be advisable for this Court to record such finding.
Considering the specific accusation against the petitioner, I am not inclined to grant anticipatory bail.
The anticipatory bail petition stands dismissed.
(Rakesh Kumar, J.) nawalkrs/-
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