Patna High CourtCR. MISC./8447/2015rejected

Mahesh Paswan v. The State Of Bihar

2015-05-19The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8447 of 2015 Arising Out of PS.Case No. -6 Year- 2014 Thana -DUMARIA District- GAYA ======================================================

1. Mahesh Paswan Son of Late Ram Khelawan Paswan R/o village - Kanap, P.S. Daudnagar, District - Aurangabad .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sheo Jee Mishra, Advocate. For the Opposite Party/s : Mr. M.K. Nirala (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 19-05-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Mahesh Paswan, in connection with Dumria P.S. Case No. 06 of 2014 under Section 366 of the Indian Penal Code.

Perused the above application, materials available on record including a copy of the order, dated 20.01.2015, passed, in A.B.P. No. 2208 of 2014, by the learned Sessions Judge, Gaya, rejecting the said application for pre-arrest bail. Heard Mr. Sheojee Mishra, learned counsel for the petitioner, and Mr. M. K. Nirala, learned Additional Public Prosecutor, appearing on behalf of the State. The High Court, while exercising its powers under

Patna High Court Cr.Misc. No.8447 of 2015 (3) dt.19-05-2015 2/2 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