Chandan @ Baba v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36263 of 2014 Arising Out of PS.Case No. -209 Year- 2014 Thana -TEKARI District- GAYA ====================================================== Chandan @ Baba, Son of Late Shiv Ram, Resident of Village-Baheliya Bigha , P.S. -Tekari , District - Gaya .

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Javed Jafar Khan For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 11-02-2015 Heard the parties.

The petitioner apprehends his arrest in a criminal prosecution registered for offences under Sections 399 and 402 of the Indian Penal Code as also under Sections 25(1-B)(a)/26/35 of the Arms Act.

Taking into consideration the fact that the petitioner is also named in the FIR as an accused and certain incriminating articles have been recovered from the possession of the persons who were apprehended on the spot and who have disclosed the name of this petitioner also as their accomplice, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail in connection with Tekari (Mau) P.S. Case No.209 of 2014 pending in the court of Sri Kumar Gunjan, learned Judicial Magistrate-1st Class, Gaya.

Accordingly, the prayer for anticipatory bail is rejected. However, if the petitioner surrenders in the court below within a period of four weeks and seeks bail, the same shall be considered on its own merit without being prejudiced by the present order.

Arvind/- (Birendra Prasad Verma, J) U T