Vijay Sah @ Vijay Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25183 of 2015 Arising Out of PS.Case No. -336 Year- 2014 Thana -DALSINGHSARAI District- SAMASTIPUR ======================================================
1. Vijay Sah @ Vijay Kumar Sah S/o Darogi Sah, Resident of Village Gudri, Police Station Dalsingsarai, District Samastipur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rana Sanjay Kumar Singh, Advocate.
For the Opposite Party/s : Mr. U.S.P.Singh(APP) ====================================================== 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, Vijay Sah @ Vijay Kumar, in connection with Dalsingsarai P.S. Case No. 336 of 2014 under Sections 148/149/353/341/427/323/332/333/307/504 of the Indian Penal Code.
Perused the above application, materials available on record including a copy of the order, dated 13.04.2015, passed, in A.B.P. No. 590 of 2015, by the learned Sessions Judge, Samastipur, rejecting the said application for pre-arrest bail. Heard Mr. Rana Sanjay Kumar Singh, learned counsel for the petitioner, and Mr. U.S.P. Singh, learned Additional Public Prosecutor, appearing on behalf of the State.
Patna High Court Cr.Misc. No.25183 of 2015 (2) dt.08-07-2015 2/2 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 them 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