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Patna High CourtCR. MISC./2913/2016rejected

Rudra Narayan Choudhary v. The State Of Bihar

2016-02-12Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2913 of 2016 Arising Out of PS.Case No. -209 Year- 2015 Thana -BIHARIGANJ District- MADHEPURA ====================================================== Rudra Narayan Choudhary, Son of Late Rasmohan Choudhary, resident of village - Belahi, P.S. Bihariganj, Distt. - Madhepura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.N.K.Agarwal, Sr.Adv. Mr. Dhananjaya Nath Tiwari, Adv.

For the Opposite Party/s : Mr. (Dr.) Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 12-02-2016 Heard.

The petitioner apprehends his arrest in a criminal prosecution registered under Section 7 of the E.C. Act. Taking into consideration the fact that the petitioner is accused in two other criminal cases, besides the present one, including one of the case being under Section 302 of the Indian Penal Code and further taking into consideration the fact that the petitioner is specifically named in the FIR vide Annexure-1 as an accused, this Court is not inclined to accede to the prayer made on his behalf for grant of anticipatory bail. Accordingly, his prayer for grant of anticipatory bail in connection with Bihariganj P.S. Case No. 209 of 2015 pending in the court of learned S.D.J.M., Udakishunganj, Madhepura is hereby rejected.

However, if the petitioner surrenders in the court below within a period of one month from today and applies for regular bail, then the same shall be considered and decided on its own merits without being prejudiced by the present order.

Patna High Court Cr.Misc. No.2913 of 2016 (3) dt.12-02-2016 The petitioner shall be at liberty to raise all the issues of facts and law before the learned court below for grant of regular bail.

(Birendra Prasad Verma, J) Arvind/- U T