Raja Ram Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.12583 of 2015 (4) dt.06-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12583 of 2015 Arising Out of PS.Case No. -21 Year- 2010 Thana -BIBHUTIPUR District- SAMASTIPUR ======================================================

1. Raja Ram Mahto Son of Jageshwar Mahto, resident of village- Jhaura Pakahi, P.S.- Bibhutipur, District- Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s Mr. Dr. Kumar Uday Pratap (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 06.07.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Bibhutipur P. S. case no. 21/2010 registered under sections 395 and 397 of the Indian Penal Code.

No doubt, petitioner is not named in the first information report but in course of investigation, name of the petitioner surfaced in the confessional statement of co-accused from whose possession some looted articles are said to have been recovered. Petitioner carries criminal antecedent as it is evident from para 3 of the petition.

Therefore, in my view, it is not a fit case for grant of anticipatory bail and accordingly, his prayer for anticipatory bail in connection with the above stated Bibhutipur P. S. case no. 21/2010 pending in the court of the Addl. Chief Judicial Magistrate, Rosera,

Patna High Court Cr.Misc. No.12583 of 2015 (4) dt.06-07-2015 Samastipur stands rejected.

However, if the petitioner surrenders within four weeks from today and seeks regular bail, his regular bail application shall be considered on its own merit without being prejudiced by this rejection order.

shahid (Hemant Kumar Srivastava,J) U T