Shambhu Prasad And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 22727 of 2016 Arising Out of PS.Case No. -52 Year- 2015 Thana -ISUAPUR District- SARAN ======================================================

1. Shambhu Prasad

2. Binod Prasad Both are Son of Bigan Prasad Both are Resident of Village - Gopalbari, Police Station Masrakh, District Saran .... .... Petitioners

Versus

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

For the Petitioners : Mr. Raghwendra Kumar, Advocate For the Opposite Party : Mr. Atul Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-07-2016 Heard both sides.

The petitioners apprehend their arrest in Ishuapur P.S. Case No. 52 of 2015 corresponding to G.R. No. 2474 of 2015 registered for the offences punishable under Sections 272, 273, 120B of the Indian Penal Code and Section 47(A) of the Excise Act.

Truck bearing registration no. WB23B0750 was intercepted and the driver and co-driver were apprehended who disclosed their names as Umesh Sah and Binod Ram. They confessed their guilt and disclosed the name of the petitioners and other co-accused persons including Nand Lal Manjhi. The learned counsel for the petitioners submits that the petitioners were not arrested on the spot. Nothing has been

Patna High Court Cr.Misc. No.22727 of 2016 (3) dt.26-07-2016 2/2 recovered from the possession of the petitioners. Mundrika Rai was apprehended and he also confessed his guilt but did not disclose the name of the petitioners, save and except form the confessional statement of Umesh Sah there appears no material against the petitioners, but it appears that anticipatory bail petition of Nand Lal Manjhi, a similarly situated co-accused, has already been disposed of vide order dated 08.09.2015 passed in Cr. Misc. No. 36313 of 2015 with a direction to surrender in the learned Court below and seek regular bail. Co-accused, Mundrika Rai, has already been granted regular bail vide order dated 05.08.2015 passed in Cr. Misc. No. 28438 of 2015.

Considering the facts aforesaid, the anticipatory bail petition is disposed of with a direction to the petitioners to surrender in the learned Court below and the learned Court below shall consider the bail petition of the petitioners taking into consideration that similarly situated co-accused, namely, Mundrika Rai, Umesh Sah and Binod Ram have already been granted regular bail and dispose of the bail petition of the petitioners preferably on the same day.

Kundan (Prabhat Kumar Jha, J.) U T