Dilip Rai vs The State Of Bihar
2021 Latest Caselaw 2010 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.35466 of 2020
         Arising out of PS. Case No.-341 Year-2020 Thana- DIGHA District- Patna
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Dilip Rai, aged about 46 years, Male, S/o Dharamnath Rai @ Loha Singh Resident of Polson Road, Near - Modern Public School, P.S. - Digha, District

- Patna.

... ... Petitioner/s Versus The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s     :        Mr. Pramod Kumar Singh, Advocate
For the State            :        Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 04-05-2021 The matter has been heard via video conferencing.

2. Heard Mr. Pramod Kumar Singh, learned counsel for

the petitioner and Mr. Md. Arif, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner apprehends arrest in connection with

Digha PS Case No. 341 of 2020 dated 30.06.2020, instituted under

Sections 447, 341, 354(B), 323, 325, 307, 504 and 506/34 of the

Indian Penal Code.

4. The allegation against the petitioner and five other

named and 10-15 unknown persons is of assault on the son of the

informant and also of firing on the leg of the informant's nephew

and assault by iron rod upon the informant causing injury on both

hands and also head injury to one Prince Kumar. Further, against Patna High Court CR. MISC. No.35466 of 2020 dt.04-05-2021

two other co-accused, it is also of snatching gold chain from the

neck of the informant and also of causing disturbance at a

community hall where the marriage of the niece of the informant

was going on and also of harassing women there.

5. Learned counsel for the petitioner submitted that the

parties are neighbours and some altercation took place, but later on

the matter has been compromised. It was submitted that other co-

accused have been granted anticipatory bail by the court below but

because the petitioner has two criminal cases, his prayer was

rejected. It was submitted that even otherwise there is no specific

allegation of overt act against the petitioner and the same is

general and omnibus in nature.

6. Learned APP submitted that the incident did occur as

it was captured on CCTV at two different places. It was submitted

that the same really shows that the petitioner's side was aggressor

and the petitioner has two other cases under serious sections of the

Indian Penal Code as also the Arms Act. Learned counsel

submitted that as the petitioner has actively participated in the said

crime, he does not deserve any indulgence.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

is not inclined to grant pre-arrest bail to the petitioner.

Patna High Court CR. MISC. No.35466 of 2020 dt.04-05-2021

8. Accordingly, the application stands dismissed.

(Ahsanuddin Amanullah, J)

Vikash/-

AFR/NAFR U T