Patna High CourtCR. MISC./17869/2017rejected

Kailash @ Bijendra Roy And ANR v. The State Of Bihar

2017-07-20Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.17869 of 2017 (3) dt.20-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17869 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -BAUSI District- PURNIA ======================================================

1. Kailash @ Bijendra Roy, Son of Late Kutai Roy, Resident of village - Milik Tola, P.S. Baisi, District - Purnea

2. Md. Ajmal @ Ajmul, Son of Hamadul, Resident of village - Palapur, P.S. Balrampur, District - Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijendra Kumar Singh For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-07-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Baisi P.S. Case No. 13 of 2017 registered under Sections 395 and 397 of the Indian Penal Code.

The accusation is that in the night of 03.02.2017, five miscreants entered in the courtyard of the informant and started to commit dacoity on the point of knife. Thereafter, all miscreants started to flee away then informant and his family members tried to catch hold and two miscreants were apprehended, who disclosed their names as Abdul Gani and Rehan and also disclosed the name of their associates as Kailash @ Bijendra Rai (petitioner

Patna High Court Cr.Misc. No.17869 of 2017 (3) dt.20-07-2017 no.1), Md. Hasim and Md. Ajmal (petitioner no. 2). Learned counsel for the petitioners submits that petitioners were not apprehended at the spot rather their name have surfaced in the confessional statement Abdul Gani and Rehan, who were caught hold at the spot.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioners, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioners are directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T