Patna High CourtCR. MISC./6491/2019dismissed

Ramakant Tiwary v. The State Of Bihar

2019-04-02Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6491 of 2019 Arising Out of PS. Case No.-37 Year-1993 Thana- NAWANAGAR District- Buxar ====================================================== Ramakant Tiwary S/o Rambyash Tiwary Resident of Village- Itaunhan, P.SNawanagar, (Sonbarsa O.P) District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suraj Deo Singh For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-04-2019 This is an application for grant of anticipatory bail in connection with Nawanagar P.S. Case No. 37 of 1993, disclosing offences under Sections 302, 147, 148, 149, 448 of the Indian Penal Code and Section 27 of the Arms Act. Allegation as per F.I.R. against the petitioner and other accused persons is that they came variously armed and allegation against one other co-accused person is of firing. Case is of the year 1993 and the petitioner is named in the F.I.R. Submission of learned counsel for the petitioner is that as a matter of fact, he was present at that time in his working place and certificate to that place has also been granted by the Commandant and there is no allegation of firing against the petitioner.

Heard learned A.P.P. also, who opposed the prayer for

Patna High Court CR. MISC. No.6491 of 2019(4) dt.02-04-2019 2/2 anticipatory bail of the petitioner on the ground that the petitioner is coming after 26 years and he is named in the F.I.R. Having heard both sides, in view of the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner, rather he should surrender and make prayer for regular bail, which will be considered on its own merit, without being prejudice by order of this Court. Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) Amjad/- U T