Sheo Shankar Yadav And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40221 of 2014 Arising Out of PS.Case No. -137 Year- 2013 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Sheo Shankar Yadav S/O Nand Yadav
2. Bhagwat Yadav, son of Ramnath Yadav Both residents of village- Jiriya, P.S. Lauria, District- West Champaran .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ........................
13-03-2015 Heard Sri Bimlesh Kumar Pandey, learned counsel for the petitioners, learned Addl. Public Prosecutor and learned counsel, who has appeared voluntarily on behalf of the informant. Two petitioners, apprehending their arrest in Lauria P.S. Case No.137 of 2013 registered for the offence under Sections 143, 341, 323, 325, 149, 307 of the Indian Penal Code, have prayed for grant of anticipatory bail.
Learned counsel for the petitioners submits that F.I.R. was lodged against nine accused persons including the petitioners. However, during investigation, the police had granted bail to seven other accused persons and finally, the police submitted final report in favour of two petitioners and chargesheet was submitted
Patna High Court Cr.Misc. No.40221 of 2014 (2) dt.13-03-2015 2/3 against remaining accused persons. He submits that after submission of final report, the learned Magistrate differing with the police report has taken cognizance of offence and thereafter, petitioners have reasonable apprehension for being arrested in the present case and, as such, a prayer has been made for extending the privilege of anticipatory bail.
The Court is surprised to notice that once the F.I.R. was lodged under Section 307 and other allied Sections of the Indian Penal Code and specific allegation made in the F.I.R., there was no occasion for grant of bail to the accused persons by the police. The action of Investigating Officer creates serious doubt in the mind of Court. This matter is required to be examined by the concerned Superintendent of Police. Moreover, since in the present case, the learned Magistrate has already passed order of cognizance, there is no reason for extending the privilege of anticipatory bail to the petitioners.
The prayer for anticipatory bail stands rejected with further direction to the Superintendent of Police, West Champaran, Bettiah to examine the conduct of the Investigating Officer of the present case on the basis of materials on record and take appropriate action.
Let a copy of this order be communicated to the
Patna High Court Cr.Misc. No.40221 of 2014 (2) dt.13-03-2015 3/3 concerned Superintendent of Police.
(Rakesh Kumar, J) NKS/- U