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Patna High CourtCR. MISC./9737/2015disposed

Devan Rai @ Devam Rai @ Shalu @ Deo Kant Rai v. The State Of Bihar

2015-04-21Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9737 of 2015 Arising Out of PS.Case No. -159 Year- 2014 Thana -DARAUNDA District- SIWAN ======================================================

1. Devan Rai @ Devam Rai @ Shalu @ Deo Kant Rai Son of Rameshwar Rai R/o Village Pipara, P.S. Daraunda, District Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Kumar Mishra For the Opposite Party/s : Mr. Ashok Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-04-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under sections 341,323,353,504 and 506/34 of the Indian Penal Code and section 27 of the Arms Act.

It is alleged that when the petitioner was apprehended in connection with Daraunda P.S. Case No. 46 of 2014, his colleague made protest against the police officials. It is submitted by the learned counsel for the petitioner that there is nothing on record that the petitioner was apprehended. More over, the provision of the IPC under which the FIR has been registered does not suggest that the petitioner was actually arrested.

Patna High Court Cr.Misc. No.9737 of 2015 (2) dt.21-04-2015 2/2 The aforesaid facts constitute grounds for consideration of the prayer for regular bail of the petitioner by the learned court below in case the petitioners surrender within six weeks from today in connection with Daraunda P.S. Case No. 159 of 2014 pending in the court of learned JM Ist Class, Siwan.

This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T