← Library
Patna High CourtCR. MISC./28968/2016rejected

Aarzu @ Kakku @Arzoo Urf Kaku v. The State Of Bihar

2016-07-26Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28968 of 2016 Arising Out of PS.Case No. -70 Year- 2016 Thana -SHERGHATI District- GAYA ====================================================== Aarzu @ Kakku @ Arzoo Urf Kaku son of Nesar Khan, resident of villageHemjapur, P.S- Amas, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Leelawati Kumari, Advocate For the Opposite Party/s : Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 26-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Sherghati P.S. Case No.70 of 2016 registered under Sections 457 and 380 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that the petitioner being a man of clean antecedent is apprehending his arrest in a case registered under Sections 457 and 380 of the Indian Penal Code only on the basis of confessional statement of two of the co-accused persons made before the police. Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioner. Regard being had to the fact that the case is under

Patna High Court Cr.Misc. No.28968 of 2016 (2) dt.26-07-2016 2/2 investigation and the name of the petitioner was disclosed by the accused persons, who were apprehended during investigation, I am not inclined to grant him pre-arrest bail. Accordingly, the application preferred under Section 438 of the Code of Criminal Procedure is rejected. In case the petitioner surrenders and seeks bail, the same shall be considered on its own merits without being prejudiced in any manner by this order.

(Ashwani Kumar Singh, J) Md.S./- U T