Bipin Kumar @ Asmit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31734 of 2017 Arising Out of PS.Case No. -253 Year- 2017 Thana -MADHEPURA District- MADHEPURA ====================================================== Bipin Kumar @ Asmit Kumar, son of Bechan Yadav @ Vikan Yadav, resident of Village- Machaha, P.S.- Triveniganj, District- Supaul. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Pramod Mishra, Advocate. For the Opposite Party/s : Mr. Amit Kumar Rakesh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Madhepura P.S. Case No. 253/2017 registered under Sections 341, 323, 324, 327, 379 read with Section 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the F.I.R. was lodged with inordinate delay and the occurrence as alleged has not taken place in the manner it is stated in the First Information Report.

Learned A.P.P. opposed the prayer for anticipatory bail.

On perusal of the F.I.R. as well as the impugned order passed by the learned Sessions Judge, Madhepura, I am not

Patna High Court Cr.Misc. No.31734 of 2017 (2) dt.13-07-2017 2/2 inclined to grant anticipatory bail to the petitioner. Accordingly, the same is rejected.

However, if the petitioner surrenders and makes a prayer for regular bail in the court below, the court below shall consider the same on its own merit and on the basis of the materials available on the record.

(Rajeev Ranjan Prasad, J) Dilip, AR U T