Gandeo Marik v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17342 of 2015 Arising Out of PS.Case No. -191 Year- 2014 Thana -SUPAUL District- SUPAUL ====================================================== Gandeo Marik S/o- Late Parmeshwar Marik, Resident of village- Pipra Khurd, P.S.- Supaul, District- Supaul .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nafisuzzoha, Advocate. For the Opposite Party/s: Mr. Jitendra Kr. Roy No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 25-06-2015 Heard learned counsel for the parties.
Having regard to the nature of allegation against the petitioner for offence under Sections 147, 148, 149, 323, 332, 337, 353 and 431 of the Indian Penal Code and Sections 3 and 4 of the Public Property Act, this Court, having found that the petitioner, who has a proven track of criminal record inasmuch as even according to him, there are at least three criminal cases pending against him, would not find him entitled for privilege of anticipatory bail specially when he is also said to be the member of a mob, which had damaged the railway station and torched the police vehicle as well as attacked on the police party.
Learned counsel for the petitioner, at this stage, has placed before this Court an interim order dated 07.11.2014 in Cr. Misc. No. 26873 of 2014 whereby and whereunder co-accused Santosh Yadav and Chhotu Yadav @ Ram Kumar Yadav have been given the benefit
Patna High Court Cr.Misc. No.17342 of 2015 (3) dt.25-06-2015 2/2 of stay of their arrest till final disposal of the aforesaid application. The aforesaid interim order however, does not go to show that they too had chequered criminal history alike the petitioner and, therefore, this Court is not inclined to follow such interim order. That being so, the prayer for anticipatory bail of the petitioner is hereby rejected. Nothing said in this order, however, shall come in the way of the petitioner in surrendering and making prayer for regular bail.
(Mihir Kumar Jha, J) Sujit/- U