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Patna High CourtCR. MISC./42686/2016rejected

Rohit Kumar @ Chhotu @ Aditya Kumar v. The State Of Bihar

2016-12-08Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.42686 of 2016 (3) dt.08-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42686 of 2016 ======================================================

1. Rohit Kumar @ Chhotu @ Aditya Kumar Son of Virendra Kumar Resident of Mohalla - Bhagirth Bigha, P.S. - Jehanabad, District - Jehanabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinod Pandey For the Opposite Party/s Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 08.12.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case initially, registered under section 365 of the Indian Penal Code and later on, sections 302, 201,120B of the Indian Penal Code were also added. No doubt, petitioner is not named in the first information report but his name came in this case in the confessional statement of co- accused as well as statement of an accused recorded under section 164 Cr.P.C. Investigation against the petitioner is still going on and it is settled principle of law that for the purpose of investigation, confessional statement is relevant.

Therefore, considering the aforesaid facts and circumstances as well as submissions of the parties, in my view, it is not a fit case for grant of anticipatory bail. Hence, his prayer for anticipatory bail in connection with Jehanabad P.S. Case no. 296/2016 pending in the

Patna High Court Cr.Misc. No.42686 of 2016 (3) dt.08-12-2016 court of the Chief Judicial Magistrate, Jehanabad stands rejected. shahid (Hemant Kumar Srivastava,J) U T