Patna High CourtCR. MISC./36823/2016dismissed

Ravi Kumar v. The State Of Bihar

2016-09-28Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36823 of 2016 Arising Out of PS.Case No. -18 Year- 2016 Thana -SARAN GRP CASE District- SARAN ====================================================== Ravi Kumar s/o- Umashankar Mahto, resident of Village- Dumduma, P.S.- Daudpur, Dist- Saran at Chapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-09-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Chapra Rail P.S. Case No. 18 of 2016, disclosing offence under Sections 302, 307 and 120B/34 of the Indian Penal Code. Since this application arise out of a case registered for the offence punishable under Section 302 of the Indian Penal Code and in course of investigation, petitioner's name has surfaced in commission of the offence, I am not inclined to grant him privilege of anticipatory bail.

Submission made on behalf of the petitioner that he is not named in the First Information Report though persons against whom there is allegation, have been named and, therefore, the

Patna High Court Cr.Misc. No.36823 of 2016 (3) dt.28-09-2016 2/2 petitioner should be granted anticipatory bail has not convinced. Learned counsel for the petitioner has also submitted that in course of investigation some of the witnesses disclosed names of other accused persons but not this petitioner. Such stand can be taken by him in course of investigation or while seeking regular bail.

Accordingly, this application for anticipatory bail is, hereby, rejected.

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