Patna High CourtCR. MISC./12011/2016rejected

Dikesh Kumar @ Dikesh Kumar Rai v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12011 of 2016 Arising Out of PS.Case No. -33 Year- 2013 Thana -DERNI District- SARAN ====================================================== Dikesh Kumar @ Dikesh Kumar Rai, son of Dilip Rai, Resident of VillageJaintypur (Rampur Jainty), P.S.- Dariyapur, District- Saran at present Resident of Village Bhetwalia, P.S.- Derni, District- Saran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anand Prakash, Advocate For the Opposite Party/s : Mr. P.K.Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Derni P. S. Case No. 33 of 2013 registered under Sections 302, 120-B/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is contended that though the petitioner is named in the FIR, the specific allegation of firing causing injury in the chest of Chandeshwar Rai is confined against co-accused Sudhir Rai. It is further contended that apart from Sudhir Rai, others have already been granted bail by this Court.

Patna High Court Cr.Misc. No.12011 of 2016 (2) dt.17-03-2016 2/2 On the other hand, learned counsel for the State has contended that the petitioner was made accused in the FIR registered under Sections 302/120-B/34 of the Indian Penal Code and 27 of the Arms Act on 09.05.2013, but he is evading his arrest since long. The other accused persons were either arrested or surrendered before the Court and they are already facing trial and the petitioner has been declared absconder by the Court below.

Regard being had to the gravity of the offence and the other attending circumstances, I am not inclined to grant prearrest bail to the petitioner. Accordingly, his prayer for bail is rejected.

However, in case the petitioner surrenders and seeks bail, the same shall be considered on its own merit without being prejudiced in any manner by this order. (Ashwani Kumar Singh, J.) Kanchan/- U T