Ish Mohammad @ Ismahmd v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49327 of 2015 Arising Out of PS.Case No. -159 Year- 2013 Thana -BHORE District- GOPALGANJ ====================================================== Ish Mohammad @ Ismahmd Son of Balistar, Resident of VillageBharpatia, P.S.- Bhorey, District- Gopalganj. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dhramveer, Advocate For the Opposite Party/s : Mr. A.M.P.Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Bhorey P. S. Case No. 159 of 2013 registered under Sections 395/397 of the Indian Penal Code.

It is contended that the petitioner is neither named in the FIR nor any incriminating article has been recovered from his possession. His name has transpired during investigation merely on the basis of the confessional statement of the co-accused. Learned counsel for the State has vehemently opposed the prayer for grant of anticipatory bail of the petitioner. Regard being had to the gravity of the offence and the fact that the matter is still under investigation in which the police

Patna High Court Cr.Misc. No.49327 of 2015 (2) dt.02-11-2015 2/2 may require custodial interrogation of the petitioner, I am not inclined to grant him anticipatory bail. Accordingly, the application for anticipatory bail is rejected. (Ashwani Kumar Singh, J.) Kanchan/- U T