Prabhat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11410 of 2017 Arising Out of PS.Case No. -154 Year- 2016 Thana -BARBIGHA District- SEKHPURA ====================================================== Prabhat Kumar, son of Late Chintaman Ram, resident of mohalla - Dharmshala Road, P.S. - Barbigha, District - Sheikhpura. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Dr. Anjani Pd. Singh, Advocate For the Opposite Party : Mr. Manoj Kumar - 1 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Barbigha (Mision O.P.) P.S. Case No. 154 of 2016, registered for the offences punishable under Sections 457, 380, 341, 323, 504 of the Indian Penal Code.

Allegedly, in absence of the informant 90 bags of Masoor and Motor of 10 H.P. were taken away by the petitioner who is own brother of the informant and when the informant asked the petitioner, the petitioner pointed pistol upon him and assaulted the son and nephew of the informant.

Submission is of false implication and that both the informant and the petitioner are own brothers, due to partition

Patna High Court Cr.Misc. No.11410 of 2017 (4) dt.01-05-2017 2/2 dispute this case has been lodged, there is case and counter case and the case of the petitioner is earlier, the petitioner is a law abiding citizen, he has got no criminal antecedent and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. opposes the prayer of pre-arrest bail by submitting that during investigation witnesses have supported the hands of the petitioner in taking away Masoor and motor of 10 H.P.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, I am not inclined to grant privilege of pre-arrest bail to him and accordingly his such prayer stands rejected in connection with Barbigha (Mission O.P.) P.S. Case No. 154 of 2016, pending in the Court of learned A.C.J.M. -II, Sheikhpura. However, in case and if so advised the petitioner surrenders and seeks regular bail then his prayer for regular bail shall be considered preferably on the same day on its own merits without being prejudiced by the order of this Court. (Jitendra Mohan Sharma, J.) Rajiv/- U T