Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15557 of 2015 Arising Out of East Colony PS.Case No. -51 Year- 2014 Thana -EAST COLONY District- MUNGER ======================================================
1. Chandan Kumar son of Lalit Paswan resident of Chhoti Aashikpur, P.S. East Colony, Jamalpur, District Munger.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kamal Kishore Jha For the Opposite Party/s : Mr. G.S.Gupta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 10-07-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Chandan Kumar, in connection with East Colony P.S.Case No.
of under Sections 341/323/325/354/504 of the Indian Penal Code. Perused the above application, materials available in the case-diary and materials on record including a copy of the order, dated 31.01.2015, passed, in A.B.A. No. 22 of 2015, by the learned Sessions Judge, Munger, rejecting the said application for pre-arrest bail.
Heard Mr. Kamal Kishore Jha, learned counsel for the petitioner, and Mr. G.S.Gupta, learned APP, appearing for the
Patna High Court Cr.Misc. No.15557 of 2015 (2) dt.10-07-2015 State.
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