Patna High CourtCR. MISC./38722/2019dismissed

Pawan Kumar @ Pawan Kumar Singh v. The State Of Bihar

2019-07-15Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38722 of 2019 Arising Out of PS. Case No.-38 Year-2014 Thana- ALIPUR District- Gaya ====================================================== PAWAN KUMAR @ PAWAN KUMAR SINGH, aged about 40 years, male, Son of Late Rajendra Singh Resident of Village- Salempur, P.S.- Alipur, DistrictGaya, Pin Code 824235 ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Sanjeev Kumar, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 149, 201, 302, 304(B), 506 and 511/34 of the Indian Penal Code registered in connection with Alipur (Tekari) P.S. Case No. 38 of 2014.

3. It is submitted that the petitioner has been falsely implicated and the genesis of the case is through Complaint Case No. 788 of 2014 which has subsequently been converted into F.I.R.

4. At the outset, learned APP submits that the complaint case has been filed as far back as in the year 2014, but the petitioner has approached this Court in the year 2019 and there does not appear to be any immediate apprehension of

Patna High Court CR. MISC. No.38722 of 2019(2) dt.15-07-2019 2/2 arrest of the petitioner.

5. Considering that the petitioner has not shown any cause for immediate apprehension of arrest and the anticipatory bail petition has been filed about five years after filing of the complaint, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed.

6. If the petitioner surrenders and seeks regular bail before the learned Court below the same shall be considered on its own merit in accordance with law, without being prejudiced by any observation in the present order.

(Vikash Jain, J) Ibrar/BT U T