Rikki @ Ricky v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7081 of 2019 Arising Out of PS. Case No.-528 Year-2010 Thana- GANDHIMAIDAN District- Patna ====================================================== Rikki @ Ricky, S/o- Nanhay Mian @ Md. Nanhu @ Md. Nanhaney, resident of village Bajaja Gali, P.S. Pirbahore, Dist. Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-04-2019 Petitioner seeks bail in anticipation of his arrest in connection with Gandhi Maidan P.S. Case No. 528 of 2010, registered for the offences punishable under Sections 302, 34 of the Indian Penal Code and Section 27 of the Arms Act. Petitioner is named in the FIR and the case is of the year 2010.

Submission of learned counsel for the petitioner is that petitioner was not chaerge-sheeted. However, cognizance has been taken and no process has been issued against the petitioner and as such now petitioner has apprehension of his arrest and for that the present application has been filed. Heard learned APP, who has opposed the prayer for anticipatory bail on the ground that cognizance has been taken against the petitioner and he has not appeared.

Patna High Court CR. MISC. No.7081 of 2019(4) dt.03-04-2019 2/2 Having heard both sides and in the facts and circumstances, this application is disposed of with a direction to the petitioner to surrender before the court below and make prayer for regular bail, which shall be considered on the basis of materials available on the record and learned court below shall also examine as to whether any process has been issued against the petitioner or not earlier and pass an appropriate order. (Vinod Kumar Sinha, J) spal/- U T