Manoj Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45091 of 2016 Arising Out of PS.Case No. -85 Year- 2014 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Manoj Kumar son of Awadh Singh

2. Pappu Kumar son of Jay Ram Singh Both Resident of Village-Sorhipur, P.S.- Warisaliganj, in the District of Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-12-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Warisaliganj Police Station Case No. 85 of 2014 registered for the offences punishable under Sections 420, 467, 468, 471, 472, 473, 311of the Indian Penal Code.

No doubt, petitioners are not named in the first information report but in course of investigation, their name came in confessional statement of co-accused, who disclosed the involvement of petitioners in the present crime. Learned counsel for the petitioners submits that except confessional statement of co-accused, there is nothing

Patna High Court Cr.Misc. No.45091 of 2016 (2) dt.16-12-2016 2/2 against the petitioners. Moreover, the concerned S.D.P.O did not find any reliable material against the petitioners. Regard being had to the facts and circumstances of the case as well as submissions of the parties, I do not feel it proper to grant anticipatory bail to the petitioners and accordingly, their prayer for anticipatory bail in connection with Warisaliganj P.S.Case No. 85 of 2014, pending in the court of learned Chief Judicial Magistrate, Nawada stands rejected.

However, if the petitioners surrender and seek regular bail within six weeks from the date of receipt/ production of a copy of this order, the concerned court shall be consider the regular bail application of the petitioners on its own merit without being prejudiced by this rejection order, particularly, keeping in mind the material collected by the I.O during the course of investigation as well as this aspect of the matter that having more or less similar allegation one co-accused has already been granted privilege of bail by this Court.

(Hemant Kumar Srivastava, J) N.K/- U T