Dismissed

Arun Rai v. The State of Bihar

Patna HC8 Nov 2019CR. MISC./56575/2019

Case brief

AI extract

What is this about?

The Patna High Court clubbed two anticipatory bail petitions arising from the same case. The court declined to grant anticipatory bail based on the confessional statement of a co-accused indicating active involvement and directed the petitioners to surrender for regular bail.

What did the court decide?

Petitioners directed to surrender before the court below and apply for regular bail.

Arun Rai Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46876 of 2019

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Arising Out of PS. Case No.-350 Year-2018 Thana- LALGANJ District- Vaishali

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======================================================

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JAGDISH SAH Son of Late Bhagwat Sah Resident of Village-Jahanabad, P.S.-Lalganj, District-Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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======================================================

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with CRIMINAL MISCELLANEOUS No. 56575 of 2019

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Arising Out of PS. Case No.-350 Year-2018 Thana- LALGANJ District- Vaishali ====================================================== ARUN RAI S/o Yugeshwar Ray Resident of Village- Jahanabad, P.S.Lalganj, District- Vaishali.

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 46876 of 2019) For the Petitioner/s : Mr.Satya Prakash Sinha For the Opposite Party/s : Mr.Abhay Kumar Roy (In CRIMINAL MISCELLANEOUS No. 56575 of 2019) For the Petitioner/s : Mr.Satya Prakash Sinha For the Opposite Party/s : Mr.Rajeev Nayan, App ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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5 08-11-2019

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As both the cases arise out of same police station

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case number, they are clubbed together and are being disposed of with this common order.

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These applications, for grant of anticipatory bail,

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arises out of Lalganj P.S. Case No. 350/18, disclosing offences under Sections 364, 302, 201, 120-B and 34 of the Indian Penal

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Patna High Court CR. MISC. No.46876 of 2019(5) dt.08-11-2019 2/3

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Code.

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Allegation as per F.I.R is that co-accused Mithun Sahani took the younger brother of the informant with himself and assured to come back very soon but they did not return, thereafter, the informant started searching her brother and went to the house of co-accuse Mithun Sahani but he was not there and his mother told that they will come back but they did not return and, thereafter, the mother of Mithun Sahani also fled away from the village. After some time, Mithun Sahani was arrested, who disclosed the names of petitioners showing their active involvement in the offence.

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Submission of learned counsel for the petitioners is that they have been made accused in this case only on the basis of confessional statement of co-accused Mithun Sahani and except that there is nothing against the petitioners.

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Learned counsel for the State opposed the prayer for anticipatory bail on the ground that confessional statement of the co-accused shows active involvement of these petitioners in the crime.

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Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioners rather petitioners

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Patna High Court CR. MISC. No.46876 of 2019(5) dt.08-11-2019 3/3

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have to surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, without being prejudiced by this order.

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This application is, accordingly, dismissed

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(Vinod Kumar Sinha, J)

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sunilkumar/-

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U T

Arun Rai v. The State of Bihar

Case brief

What is this about?

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Arun Rai v. The State of Bihar

Case brief

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