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Patna High CourtCR. MISC./22866/2015dismissed

Anil Singh v. The State Of Bihar

2015-10-09Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22866 of 2015 Arising Out of PS.Case No. -159 Year- 2014 Thana -DIGHWARA District- SARAN ====================================================== Anil Singh son of Late Dharikshan Pandey resident of village Shitalpur, Kothi, Police Station Dariyapur, District saran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajendra Kishore Prasad, Advocate.

Ms. Rekha Prasad, Advocate.

Mr. Rohit Kishore Prasad, Advocate.

For the Opposite Party : Mr. Md.Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-10-2015 Heard both sides.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302 and 394 of the Indian Penal Code and under Section 27 of the Arms Act. The petitioner is not named in the FIR. Name of the petitioner figured in the case in the confessional statement of coaccused Rohit Kumar and Avrar Yunus. It is submitted that the co-accused disclosed that Anil Pandey was their accomplice but the petitioner is Anil Singh and not Anil Pandey.

It appears that the father's name of the petitioner is Dharikshan Pandey. The name of the petitioner transpired during

Patna High Court Cr.Misc. No.22866 of 2015 (5) dt.09-10-2015 2/2 the course of investigation. The petitioner has got criminal antecedent.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

However, the petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, his prayer shall be considered on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J.) KKSINHA/- U T