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Patna High CourtCR. MISC./12585/2016disposed

Kanhaiya Ravidas v. The State Of Bihar

2016-03-17Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12585 of 2016 Arising Out of PS.Case No. -27 Year- 2012 Thana -IMADPUR District- BHOJPUR ====================================================== Kanhaiya Ravidas son of Late Dukhit Ram, resident of Village- Ekawari, P.S. Sahar, Dist- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gauri Shankar Prasad For the Opposite Party/s : Mr. Chandra Bhushan Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 17-03-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 153A(2), 295A, 295 and 120B of the Indian Penal Code. The prosecution case is that the petitioner and the co-accused uprooted the statues of Gods and Goddess and threw it in the premises of the temple in order to establish their supremacy in the running of temple and to capture the temple management.

It is submitted by learned counsel for the petitioner that the petitioner and the Pujari of the temple have been falsely implicated in the present case as the informant

Patna High Court Cr.Misc. No.12585 of 2016 (2) dt.17-03-2016 2/2 wanted to grab 12 bighas land of the temple and similarly situated co-accused has been granted anticipatory bail vide Cr. Misc. No. 1289 of 2013 by a co-ordinate Bench of this Court. Considering the fact that the FIR has been instituted in 2012 and the petitioner has preferred the present anticipatory bail application in 2016, this Court is not inclined to grant anticipatory bail to the petitioner.

Let the learned court below consider the prayer for regular bail of the petitioner keeping in view of the fact that similarly situated co-accused has been granted anticipatory bail, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Imadpur P.S. Case No. 27 of 2012 pending in the court of learned Judicial Magistrate, Ist Class, Bhojpur at Ara.

Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U T