Lal Dev Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22575 of 2019 Arising Out of PS. Case No.-421 Year-2018 Thana- UDWANTNAGAR District- Bhojpur ====================================================== LAL DEV CHOUDHARY, Son of Bihari Choudhary, Resident of Village - Sanahi Tola, P.S.- Piro, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sangeet Deokuliar For the Opposite Party/s :

Ms. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-04-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Udawantnagar Police Station Case No. 421 of 2018, disclosing offences under Sections 398 and 400 of the Indian Penal Code and Sections 25 (1-B)A, 26 and 35 of the Arms Act. Learned Counsel appearing on behalf of the petitioner has submitted that he has been implicated only on the basis of confessional statement of co-accused, who was arrested with fire-arms, while attempting to commit bank dacoity. He submits that since the petitioner does not have any criminal antecedent, he deserves privilege of anticipatory bail.

I am not inclined to accept the said submission since,

Patna High Court CR. MISC. No.22575 of 2019(2) dt.10-04-2019 2/2 in my view, the petitioner's custodial interrogation may be required.

This application for anticipatory bail, is accordingly, dismissed.

The petitioner, Lal Dev Choudhary, is directed to surrender before the Court below within a period of four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered by the learned Court below on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail. (Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √