Patna High CourtCR. MISC./12139/2017dismissed

Pritam Kumar Yadav @ Pintu Yadav @ Pinku Yadav And ANR v. The State Of Bihar

2017-03-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12139 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -BARHARA District- PURNIA ======================================================

1. Pritam Kumar Yadav @ Pintu Yadav @ Pinku Yadav, S/o Ashok Kumar Sourav @ Ashok Yadav

2. Brajesh Kumar Yadav S/o Anirudh Yadav Both Resident of VillageBhatsara, P.S.- Barhara, District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhola Prasad For the Opposite Party/s : Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-03-2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor.

The petitioner prays for anticipatory bail in connection with Barhara P.S. case no. 04 of 2017 registered for the offence punishable under Sections 302, 120B/34 of Indian Penal Code .

It is submitted on behalf of petitioner that he has been implicated in this case only on the basis of suspicion and confessional statement of co-accused and except that, there is nothing against the petitioner.

Heard learned APP also.

Patna High Court Cr.Misc. No.12139 of 2017 (2) dt.23-03-2017 2/2 Having heard both sides. From Perusal of the FIR and the impugned order, it appears that there is suspicion against the petitioner but the investigation is going on. As such, I am not inclined to grant anticipatory bail to the petitioner. As such, his such prayer stands rejected. However, petitioner may surrender before the court below and pray for regular bail and the court below will dispose of the matter on the basis of materials available on record its own merit without being prejudiced by the order of this Court preferably on the same day.

With these observations, this bail application is dismissed.

(Vinod Kumar Sinha, J.) rinkee/- U T