Najrul Ansari @ Najrul Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7858 of 2019 Arising Out of PS. Case No.-3 Year-2018 Thana- PALANWA District- East Champaran ====================================================== Najrul Ansari @ Najrul Miyan (M), aged about 41 years, S/o - Badri Miya , Resident of Village - Gad Bahuari, South Tola, P.S.- Palanwa, District- East Champaran, Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Anshuman Singh, Advocate Sri Ramakant Yadav, Advocate For the Opposite Party/s :

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 05-04-2019 Heard Sri Anshuman Singh, learned counsel assisted by Sri Ramakant Yadav, learned counsel for the petitioner, Sri Arun Kumar Singh, learned Additional Public Prosecutor as well as learned counsel for the informant.

The sole petitioner who was named as accused in the F.I.R. showing as the main accused has prayed for grant of bail in the event of his arrest or surrender in connection with Palanwa P.S. Case No. 3 of 2018 registered for offfence under Section 341, 342, 323, 324, 325, 326, 307, 376, 511, 504, 34 of the Indian Penal Code 1860.

Learned counsel for the petitioner tried to persuade the court that out of same F.I.R. other two accused persons have been extended the privilege of anticipatory bail by a co-ordinate

Patna High Court CR. MISC. No.7858 of 2019(3) dt.05-04-2019 2/2 Bench of this Court. It has also been highlighted that without any plausible explanation F.I.R. has been lodged belatedly in a case in which occurrence had taken place on 22.01.2018 whereas F.I.R. was lodged on 25.01.2018. On aforesaid grounds a prayer has been made for extending the privilege of anticipatory bail.

In this case by order dated 11.02.2019 case diary was called for. In normal course after perusing the F.I.R. itself there was no reason to peruse the case diary since in the F.I.R. there was specific accusation against the petitioner that he alongwith others firstly tried to commit rape with the victim and thereafter this petitioner gave repeated knife blow on the victim. The said injury has also been corroborated during investigation which is evident from perusal of the case diary and as sch there is no reason to entertain the prayer for anticipatory bail even though other two accused have been extended the privilege of anticipatory bail by a co-ordinate Bench of this court The petition stands dismissed.

(Rakesh Kumar, J) praful/- U T