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Patna High CourtCR. MISC./12128/2016rejected

Mantun @ Md. Kalim v. The State Of Bihar

2016-03-18Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12128 of 2016 Arising Out of PS.Case No. -638 Year- 2014 Thana -KANTI District- MUZAFFARPUR ====================================================== Mantun @ Md. Kalim son of Md. Rashul Mian, Resident of Village-Sherna Bashantpur, P.S- Kanti, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pradeep Kumar Sinha, Advocate For the Opposite Party/s : Mr. Ajay Kumar-I, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 18-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Kanti P.S. Case No.638 of 2014 dated 15.12.2014 registered under section 395 of the Indian Penal Code.

It is contended that the first information report was instituted against 25-30 unknown accused persons. The petitioner's name transpired during investigation only on the basis of confessional statement of co-accused. It is further contended that apart from the confessional statement of co-accused, there is no other material to connect the petitioner with the alleged offence.

Be that as it may, regard being had to the gravity of the

Patna High Court Cr.Misc. No.12128 of 2016 (2) dt.18-03-2016 2/2 offence as also the fact that the name of the petitioner surfaced in the disclosure made by the co-accused and the police may require his custodial interrogation and put him on test identification parade, I am not inclined to grant pre-arrest bail to the petitioner. Accordingly, the application for grant of pre-arrest bail is rejected. .

(Ashwani Kumar Singh, J) Md.S./- U T