Patna High CourtCR. MISC./7947/2015rejected

Santosh Yadav v. The State Of Bihar

2015-03-02Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.7947 of 2015 (2) dt.02-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7947 of 2015 Arising Out of PS.Case No. -82 Year- 2014 Thana -DHARHARA District- MUNGER ======================================================

1. Santosh Yadav son of Sri Lalit Yadav Resident of village- Bari Govindpur, Police Station- Dharhara, District- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s Mr. Jagdhar Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 02.03.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner is not named in the first information report which has been registered for the offence under sections 395 and 397 of the IPC but in course of investigation his name came in this case in the confessional statement of co-accused. Petitioner carries criminal antecedent which is evident from para 3 of this petition. Taking note of the aforesaid facts, I do not feel it proper to release the petitioner on anticipatory bail and accordingly, his prayer for anticipatory bail in connection with Dharhara P.S. Case no. 82/2014 pending in the court of the Chief Judicial Magistrate, Munger stands rejected.

However, it is made clear that if the petitioner surrenders and seeks regular bail within four weeks from today, the Chief Judicial Magistrate, Munger/ concerned court shall dispose of regular

Patna High Court Cr.Misc. No.7947 of 2015 (2) dt.02-03-2015 bail application of the petitioner on the day of his surrender and if any regular bail application is preferred before learned Sessions Judge, Munger, the said regular bail application shall be decided on its own merit without being prejudiced by this rejection order. shahid (Hemant Kumar Srivastava,J) U T