Lailesh Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9437 of 2015 Arising Out of Roh PS.Case No. -2 of 2014 Thana -ROH DistrictNAWADA ======================================================
1. Lailesh Prasad Son of Shiv Balak Mahto resident of village - Koiriyadih, P.S. Tankupa, District - Gaya .... .... Petitioner/s
Versus
1. The State of Bihar
2. Kanti Devi, D/o Madan Prasad, W/o Lailesh Prasad, resident of village Marui, P.S. Roh, Dist. Nawada .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Devendra Prasad Singh For the Opposite Party/s : Mr. Nirmala Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 09-07-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Lailesh Prasad, in connection with Roh P.S.Case No. 2 of 2014 under Sections 323/341/498(A)/504 of the Indian Penal Code.
Perused the above application, and materials on record including a copy of the order, dated 02.02.2015, passed, in A.B.P. No. 729 of 2014, by the learned Sessions Judge, Nawada, rejecting the said application for pre-arrest bail.
Heard Mr. Devendra Prasad Singh, learned counsel for the petitioner, and Mr. Nirmala Kumari, learned APP, appearing for the State.
Patna High Court Cr.Misc. No.9437 of 2015 (4) dt.09-07-2015 The High Court, while exercising its powers under Section 438 Cr.P.C., stands on the same footing as does a Sessions Judge inasmuch as a High Court and Sessions Judge have coordinate jurisdiction, while exercising power under Section 438 Cr.P.C.
Because of the nature of incriminating materials available against the petitioner, this Court is of the view that in the facts and attending circumstances of the present case, the petitioner has not been able to make out any case calling for giving him benefit of pre-arrest bail.
In view of the above and in the interest of justice, the prayer for pre-arrest bail is hereby rejected. (I. A. Ansari, J) A.I./- U