Patna High CourtCR. MISC./50933/2014rejected

Sanjit Ranjan v. The State Of Bihar

2015-04-30The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50933 of 2014 Arising Out of PS.Case No. -132 Year- 2014 Thana -KISHANGANJ District- KISANGANJ ======================================================

1. Sanjit Ranjan Son of Sachidanand Singh, Resident of Village - Sangrampur, P.S.- Asarganj, District - Munger (Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Singh, Advocate. For the Opposite Party/s : Mr. Mukesh Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 30-04-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Sanjit Ranjan, in connection with Kishangaj P.S. Case No. 132 of 2014 under Sections 419/420/468/471/34 of the Indian Penal Code.

Perused the above application, materials available on record including a copy of the order, dated 02.12.2014, passed, in A.B.P. (K) No. 408 of 2014, by the learned Sessions Judge, Kishanganj, rejecting the said application for pre-arrest bail. Heard Mr. Dilip Kumar Singh, learned counsel for the petitioner, and Mr. Mukesh Kumar Singh, learned Additional Public Prosecutor, appearing on behalf of the State. The High Court, while exercising its powers under

Patna High Court Cr.Misc. No.50933 of 2014 (2) dt.30-04-2015 2/2 Section 438 Cr.P.C., stands on the same footing as does a Sessions Judge inasmuch as a High Court and Sessions Judge have coordinate jurisdiction, while exercising power under Section 438 Cr.P.C.

Considering incriminating nature of materials against the petitioner, this Court is of the view that in the facts and attending circumstances of the present case, the petitioner have not been able to make out any case calling for giving them benefit of pre-arrest bail.

In view of the above and in the interest of justice, the prayer for pre-arrest bail is hereby rejected. (I. A. Ansari, J.) Mkr./- U