Patna High CourtCR. MISC./62128/2017rejected

Rakesh Kumar v. The State Of Bihar

2018-01-25Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62128 of 2017 Arising Out of PS.Case No. -413 Year- 2017 Thana -ARA NAWADA District- BHOJPUR ======================================================

1. RAKESH KUMAR S/o Pankaj Kishore Singh, R/o Village/MohallaAnaith, P.S.- Ara Nawada, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Maya Shankar Mishra For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-01-2018 Heard the learned counsel for the petitioner and learned APP for the State.

In this application, the petitioner apprehends his arrest for the offences in connection with Ara Nawada P.S. Case No. 413 of 2017 punishable under Section 307, 342, 120(B), 324/34 of the Indian Penal Code.

Allegedly, the informant was shot and he named three accused in the crime and further that the petitioner is the master mind.

Submission is of false implication that the petitioner was in judicial custody since 28.08.2017 and he was released on 23.09.2017 in Excise case no. 5303 of 2017 and, as such, his presence on 22.09.2017 appears not probable and reasonable and,

Patna High Court Cr.Misc. No.62128 of 2017 (3) dt.25-01-2018 2/2 as such, the petitioner deserves sympathetic consideration. Learned APP submits that the petitioner was not present at the place of occurrence rather from jail custody, he got the crime committed and he is master find and further he has got criminal antecedent.

Considering the facts and circumstances as stated above and considering the allegation attributed against the petitioner which find support during investigation and, as such, I am not inclined to grant the privilege of pre-arrest bail to the petitioner and accordingly, his prayer stands rejected in connection with Ara Nawada P.S. Case No. 413 of 2017 pending before learned Chief Judicial Magistrate, Bhojpur (Ara). However, in case and if so advised, the petitioner surrenders and seeks regular bail, and then his prayer for regular bail shall be considered on its own merit without being prejudiced by this order.

(Jitendra Mohan Sharma, J) sushma/- U T