Jallu Sharma @ Jalendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4934 of 2015 Arising Out of Main PS.Case No. -13 of 2014, Thana -MAIN P.S. DistrictGAYA ======================================================
1. Jallu Sharma @ Jalendra Kumar S/O Parshuram Sharma, Resident of villPai Bigha Dih, P.S-Main, Distt.-Gaya .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Lalan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 25-06-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Jallu Sharma @ Jalendra Kumar, in connection with Main P.S.Case No.
of 2014 under Sections 341/324/326/307/34 of the Indian Penal Code.
Perused the above application, materials available in the case-diary and materials on record including a copy of the order, dated 05.01.2015, passed, in A.B.P. No. 1585 of 2014, by the learned Sessions Judge, Gaya, rejecting the said application for pre-arrest bail.
Heard Mr. Pramod Kumar, learned counsel for the petitioner, and Mr. Lalan Kumar, learned APP, appearing for the State.
Patna High Court Cr.Misc. No.4934 of 2015 (5) dt.25-06-2015 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.
Because of the nature of incriminating materials available 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) A.I./- U