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Patna High CourtCR. MISC./9826/2015rejected

Md. Banti v. The State Of Bihar

2015-06-23Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9826 of 2015 Arising Out of PS.Case No. -553 Year- 2014 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Md. Banti Son of Abdul Sattar resident of Bhathua Bari, Habibpur, P.S. Habibpur, District Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Dilip Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-06-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Kotwali P.S. Case No. 553 of 2014 registered under Section-302 of the Indian Penal Code and section-27 of the Arms Act. No doubt, the petitioner is not named in the first information report but in course of investigation, his name surfaced, not only in the confessional statement of co-accused but also in the statements of some witnesses.

Therefore, considering the aforesaid facts, I am not inclined to grant the privilege of anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail in connection with

Patna High Court Cr.Misc. No.9826 of 2015 (3) dt.23-06-2015 2/2 Kotwali P.S. Case No. 553 of 2014 pending in the court of Learned Chief Judicial Magistrate, Bhagalpur stands rejected. However, this order shall not cause any prejudice to the concerned court at the time of consideration of regular bail application of the petitioner.

(Hemant Kumar Srivastava, J) A.K.V./- U T