Niraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17673 of 2019 Arising Out of PS. Case No.-739 Year-2017 Thana- JAHANABAD District- Jehanabad ====================================================== NIRAJ KUMAR Son of Vijay Yadav R/o village- Usari Khurd (Ward No.-7) Yadav Tola, P.S.- Shahpur, District- Patna ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Bachan Jee Ojha For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-03-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Jehanabad P.S. Case No. 739 of 2017 for the offence under Sections 302/201 and 396/34 of the Indian Penal Code. The petitioner has criminal antecedent as has been stated in paragraph 3 of the application. Learned counsel appearing on behalf of the petitioner has submitted that the First Information Report was lodged against unknown and the petitioner's name has transpired on the basis of confessional statement of co-accused Rayees Yadav. The said Rayees Yadav has been granted regular bail by this Court by order dated 24.05.2018 passed in Cr. Misc. No. 24079 of 2018, learned counsel appearing on behalf of the petitioner contends. However, considering the seriousness of the offence and the fact that the petitioner has criminal antecedent, I am not
Patna High Court CR. MISC. No.17673 of 2019(2) dt.27-03-2019 2/2 inclined to grant the petitioner privilege of anticipatory bail. This application is accordingly rejected.
The petitioner is, however, directed to surrender before the Court below within a period of four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered by the learned Court below on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail. (Chakradhari Sharan Singh, J) Pawan/- U T