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Patna High CourtCR. MISC./46795/2017disposed

Lalbabu Rai @ Lalu Rai v. The State Of Bihar

2017-11-14Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.46795 of 2017 (2) dt.14-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46795 of 2017 Arising Out of PS.Case No. -26 Year- 2002 Thana -PAROO District- MUZAFFARPUR ======================================================

1. Lalbabu Rai @ Lalu Rai, S/o Late Ramanand Rai, Resident of VillageSarmastpur, P.S.- Paroo, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Nitu Kumari, Adv. For the Opposite Party/s : Mr. Sri Ram Sumiran Roy, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-11-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Paroo Police Station Case No. 26 of 2002, disclosing offences under Sections 364, 302 and 201 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner is not named in the F.I.R. and he has falsely been implicated in this case merely on the basis of suspicion. No specific case is made out against the petitioner. Hence, the petitioner, who is aged about 65 years, deserves the privilege of anticipatory bail.

Patna High Court Cr.Misc. No.46795 of 2017 (2) dt.14-11-2017 Learned A.P.P. opposed the prayer for anticipatory bail and submitted that the case lodged in the year 2002. Considering the facts and circumstances of the case, let the petitioner, above named, surrender before the court below and make prayer for regular bail and the learned court below shall consider the same without being prejudiced to this order. Accordingly, this criminal miscellaneous application is disposed off.

(Arvind Srivastava, J) brajesh/- U T