Patna High CourtCR. MISC./19336/2018rejected

Dhruv Kumar Rai v. The State Of Bihar

2018-04-05Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.19336 of 2018 (2) dt.05-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19336 of 2018 Arising Out of PS.Case No. -184 Year- 2017 Thana -HAZIPUR INDUSTRIAL DistrictVAISHALI(HAJIPUR) ======================================================

1. Dhruv Kumar Rai, son of Vijay Rai, resident of village- Akaniya, Patti Hilalpur, P.S. Industrial Area, District Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 05.04.2018 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Industrial Area P. S. case no. 184/2017 registered under sections 302, 120B of the Indian Penal Code and 27 of the Arms Act.

Petitioner is not named in the FIR but his name surfaced in this case in the confessional statement of coaccused. Submission on behalf of the petitioner is that except the aforesaid confessional statement as well as allegation of conspiracy, there is nothing against the

Patna High Court Cr.Misc. No.19336 of 2018 (2) dt.05-04-2018 petitioner. It is, further, submitted by him that one coaccused, namely, Sonu Kumar has already been granted regular bail by a coordinate bench of this court. Regard being had to the facts and circumstances of the case as well as submissions of the parties, I am not inclined to extend the privilege of anticipatory bail to the petitioner and accordingly, prayer for anticipatory bail of the petitioner stands rejected.

However, it is made clear that this order shall not cause any prejudice to the concerned competent court at the time of consideration of regular bail application of the petitioner and this court expects that the concerned competent court shall take note of order dated 30.3.2018 passed in Cr. Misc. no. 17509/2018 by which co-accused Sonu Kumar has been granted regular bail by a coordinate bench of this court, at the time of consideration of regular bail of the petitioner.

shahid (Hemant Kumar Srivastava,J) U T