Khurshid Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25241 of 2015 Arising Out of PS.Case No. -203 Year- 2014 Thana -MAHARAJGANJ District- SIWAN ======================================================
1. Khurshid Ansari son of Mohd. Chand, Resident of village- Nabiganj, P.S.- Janta Bazar, District- Saran at Chapra .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amarendra Nath Verma, Advocate. For the Opposite Party/s : Mr. Ashok Kumar (APP) For the informant : Mr. Mukesh Kumar Singh, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 08-07-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Khurshid Ansari, in connection with Maharajganj P.S. Case No. 203 of 2014 under Sections 302/385/34 of the Indian Penal Code and Section 27 of the Arms Act, 1959.
Perused the above application, materials available on record including a copy of the order, dated 21.03.2015, passed, in A.B.P. No. 1589 of 2014, by the learned Sessions Judge, Siwan, rejecting the said application for pre-arrest bail. Heard Mr. Amarendra Nath Verma, learned counsel for the petitioner, and Mr. Ashok Kumar, learned Additional
Patna High Court Cr.Misc. No.25241 of 2015 (2) dt.08-07-2015 2/2 Public Prosecutor, appearing on behalf of the State. Heard also Mr. Mukesh Kumar Singh, learned Counsel, appearing on behalf of the 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.
Considering incriminating nature of materials 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.) Mkr./- U T