Vikash Kumar @ Pankaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25937 of 2018 Arising Out of PS.Case No. -316 Year- 2017 Thana -SHEKHPURA District- SHEIKHPURA ====================================================== Vikash Kumar @ Pankaj S/o Naresh Paswan, R/o Vill.- Sasbahana, P.S Kasar, District- Sheikhpura.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-06-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Sheikhpura (Kusumbha O.P.) P.S. Case No. 316 of 2017 registered for the offences punishable under Section 395 of the Indian Penal Code.

The name of petitioner surfaced in confessional statement of co-accused in a case registered under Section 395 of the I.P.C.

Submission on behalf of the petitioner is that except the aforesaid confessional statement of co-accused, there is nothing against him. He further submits that having similar allegation, some co-accused have already been admitted to

Patna High Court Cr.Misc. No.25937 of 2018 (3) dt.21-06-2018 2/2 anticipatory bail by this court.

Since it is a serious case of Section 395 of the Indian Penal Code and petitioner could not be apprehended in course of investigation, in my view, it is not a fit case for grant of anticipatory bail and accordingly, prayer for anticipatory bail of the petitioner stands rejected.

However, it is made clear that at the time of consideration of regular bail of the petitioner by the competent court, this order shall not cause any prejudice to the concerned competent court and this Court expects that concerned competent court shall pass order in accordance with law while disposing of regular bail application of the petitioner.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T