Lal Babu Yadav @ Lal Babu Singh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18798 of 2017 Arising Out of PS.Case No. -25 Year- 2002 Thana -BIHIYA District- BHOJPUR ====================================================== Lal Babu Yadav @ Lal Babu Singh Yadav, son of Shivbochan Singh, R/o vill. - Lacchidih, P.S. Imadpur, District - Bhojpur .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Harsh Singh, Advocate For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2017 Heard learned counsel for the petitioner.
The petitioner is apprehending his arrest in connection with Bihiya P.S. Case No. 25 of 2002 (Tr.No. 670 of 2016) registered for the offences punishable under Section 364 of the Indian Penal Code.
Petitioner is not named in the FIR and later on his name transpires during course of investigation. It has been submitted on behalf of the petitioner that petitioner has no knowledge about his implication in this case and never non-bailable or bailable warrant has been executed against him. It has further been submitted that petitioner was in custody during the relevant period and no prayer for remand has been made against the petitioner and in the present case except
Patna High Court Cr.Misc. No.18798 of 2017 (2) dt.09-05-2017 2/2 confessional statement there is nothing against him. Heard learned APP also, who has opposed the prayer for anticipatory bail of the petitioner.
Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner. Petitioner should surrender and make a prayer for regular bail, which shall be considered by the court below considering the submission as above and the court below will pass appropriate order, preferably on the same day. Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) spal/- U