Patna High CourtCR. MISC./34517/2016disposed

Krishna Prasad Keshari v. State Of Bihar And ANR

2016-11-24Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.34517 of 2016 (4) dt.24-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34517 of 2016 Arising Out of PS.Case No. -1514 Year- 2015 Thana -BHABHU(KAIMUR) COMPLAIN C District- BHABHUA (KAIMUR) ======================================================

1. Krishna Prasad Keshari Son of Rameshwar Sah Resident of villageLalapur, P.S.- Kudra, District- Kaimur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Pramod Pandey S/o Late Rameshwar Pandey R/O Vill.- Lalapur, P.S.- Kudra, Dist.- Kaimur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Nandan Sahay For the Opposite Party/s Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 24.11.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Complaint case no. 1514/2015 in which after enquiry, prima facie, case under section 420 of the Indian Penal Code and section 138 of the N.T. Act has been found against the petitioner. A coordinate bench of this court has already held that in complaint case if only summon is issued then in that event, accused does not have apprehension of arrest and anticipatory bail is not maintainable.

Taking note of the aforesaid fact as well as observations made by a coordinate bench of this court, this anticipatory bail application stands disposed of with direction to the petitioner to surrender before the court below within four weeks from the date of

Patna High Court Cr.Misc. No.34517 of 2016 (4) dt.24-11-2016 receipt/production of a copy of this order and seeks regular bail and if the petitioner does so, the concerned court shall pass appropriate order on the regular bail application of the petitioner without being prejudiced by the order of this court.

shahid (Hemant Kumar Srivastava,J) U T