Patna High CourtCR. MISC./13989/2016rejected

Uma Kant Rai @ Telu Rai v. The State Of Bihar

2016-04-11Mr. Justice Chakradhari Sharan Singh2 pages

Patna High Court Cr.Misc. No.13989 of 2016 (2) dt.11-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13989 of 2016 Arising Out of PS.Case No. -47 Year- 2015 Thana -CHAURI District- BHOJPUR ====================================================== Uma Kant Rai @ Telu Rai S/O Shivji Rai R/o Village- Dullam Chak, P.S.- Chauri, Distt. Bhojpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ravindra Kumar, Advocate For the Opposite Party : Mr. A.Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-04-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Chauri P.S.Case No.47 of 2015 pending in the Court of Judicial Magistrate, Ist Class, Ara, disclosing offences under Sections 341, 323, 304, 354 and 379 of the Indian Penal Code and Section 27 of the Arms Act. Considering the fact that the petitioner has criminal antecedent, I am not inclined to grant him the privilege of anticipatory bail. Accordingly, this application for anticipatory bail is, hereby, rejected.

The petitioner, abovenamed, is directed to surrender before the court below within a period of four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered by the learned court below on its own merit without being prejudiced by rejection of present application for grant anticipatory bail. Learned court

Patna High Court Cr.Misc. No.13989 of 2016 (2) dt.11-04-2016 below while considering the prayer of regular bail of the petitioner shall take into account the fact that the First Information Report has been instituted after two months from the date of occurrence, as has been contended on his behalf. (Chakradhari Sharan Singh, J) B.Kr./- U T