Patna High CourtCR. MISC./14937/2017disposed

Chhotelal Bind v. The State Of Bihar

2017-04-07Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14937 of 2017 Arising Out of PS.Case No. -7 Year- 2017 Thana -CHAINPUR District- BHABHUA (KAIMUR) ======================================================

1. Chhotelal Bind, Son of Lalmuni Bind, Resident of village - Mamhan, P.S. Bhabua, District - Kaimur at Bhabua .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kant Pandey For the Opposite Party/s : Mr. Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-04-2017 The petitioner is apprehending his arrest in connection with Chainpur P.S. Case No. 07 of 2017, registered for offences punishable under Sections 395/412 Indian Penal Code. It has been submitted on behalf of the petitioner that save and except confessional statement of co-accused, there is nothing against the petitioner so as to show his involvement in the present case. Further, even if the F.I.R. is found to be true, the informant should have informed the police first, but in stead of doing so, started searching the market. It has also been submitted that other co-accused person having similar allegation has already been granted bail by this Court vide order dated 27.03.2017 passed in Criminal Miscellaneous No. 9547 of 2017.

Learned counsel for the State opposed the prayer for bail

Patna High Court Cr.Misc. No.14937 of 2017 (2) dt.07-04-2017 2/2 and submitted that it is not the confessional statement made before the police rather the said confessional statement was made before the villagers, which is an extra judicial confessional and there is allegation against the petitioner, as such, he does not deserve the privilege of anticipatory bail.

Having heard both sides, considering the facts and circumstances of the case and nature of allegation, I am not inclined to grant the petitioner the privilege of anticipatory bail, it is accordingly rejected.

Let petitioner surrender before the court below and pray for regular bail, which will be considered by the court below on the merit of the case, without being prejudice by the order of this Court.

(Vinod Kumar Sinha, J) sunil/- U T