Kranti Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12049 of 2016 Arising Out of PS.Case No. -65 Year- 2009 Thana -PIRBAHOR District- PATNA ====================================================== Kranti Dubey, Son of Rakesh Dubey, resident of Mohalla - Ranighat, P.S.- Sultanganj, Distt. - Patna .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rudra Deo, Advocate For the Opposite Party/s : Dr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 17-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Pirbahore P.S. Case No. 65 of 2009 registered under Sections 302 read with 34 of the Indian Penal Code and 27 of the Arms Act.

It is contended by the learned counsel for the petitioner that the petitioner is neither named in the FIR nor any incriminating material has been collected against him during investigation.

On the other hand, learned counsel for the State has contended that the present case is of the year 2009 and till date,

Patna High Court Cr.Misc. No.12049 of 2016 (2) dt.17-03-2016 2 / 2 the petitioner has not surrendered before the court. His name has transpired during course of investigation and there are sufficient materials to connect him with the alleged offence punishable under Section 302 of the Indian Penal Code.

Be that as it may, regard being had to the gravity of the offence as also the fact that the police may require custodial interrogation of the petitioner, I am not inclined to grant prearrest bail to the petitioner. Accordingly, the application for prearrest bail is hereby rejected. (Ashwani Kumar Singh, J.) Sanjeet/- U T