Nirbhay Kumar @ Panduliya Rawat And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15189 of 2015 Arising Out of PS.Case No. -193 Year- 2014 Thana -KHAIRA District- JAMUI ======================================================

1. Nirbhay Kumar alias Panduliya Rawat, Son of Manu Rawat, At & P.O. Khaira, District- Jamui.

2. Vicky Rawat, Son of ... At & P.O. Khaira, District- Jamui. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-05-2015 Learned counsel for the petitioners seeks permission to withdraw Anticipatory Bail Petition of the petitioner no. 1, namely, Nirbhay Kumar @ Panduliya Rawat, as he has already been arrested.

Prayer is allowed.

The Anticipatory Bail Petition of the petitioner no. 1, Nirbhay Kumar @ Panduliya Rawat, is dismissed as the same has become infructuous.

Heard both sides.

The petitioner no. 2, namely, Vicky Rawat, apprehends his arrest in a case under Sections 395 and 412 of the Indian Penal Code. It is submitted that the petitioner is not named in the F.I.R. and nothing has been recovered from the possession

Patna High Court Cr.Misc. No.15189 of 2015 (2) dt.13-05-2015 2/2 of the petitioner no. 2. The petitioner no. 2 has got no criminal antecedent. Name of the petitioner no. 2 figured in the case in the confessional statement of a co-accused.

It appears from perusal of the record that four persons were apprehended on the spot and many other accused persons managed to flee away. Name of the petitioner no. 2 figured in the case in the confessional statement of other coaccused. The informant also identified a few accused. The offence is of serious nature.

Considering the facts aforesaid, I am not inclined to enlarge the above named petitioner no. 2 on anticipatory bail in Khaira P.S. Case No. 193/14, corresponding to G.R. No. 1738/14. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Dilip/- U T