Mohan Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53732 of 2015 Arising Out of PS.Case No. -38 Year- 2014 Thana -PIPRIYA SAHAYAK District- LAKHISARAI ====================================================== Mohan Bhagat son of Late Lochi Bhagat, resident of village - Pathuya, P.S.- Pipariya, District - Lakhisarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhola Kumar, Advocate For the State : Mr. Dr.Rabindra Kumar, APP For the informant : Mr. Uma Shankar Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-12-2015 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The petitioner seeks pre-arrest bail in connection with Pipriya P.S.Case No.38 of 2014 registered under Sections 147, 148, 149, 447, 506 and 302 of the Indian Penal Code as well as Section 27 of the Arms Act.

It is contended that on completion of investigation, the petitioner was not sent up for trial, but differing with the police report, the learned Magistrate took cognizance of the offence and summoned the petitioner without their being any material against him.

On the other hand, learned counsel for the informant has contended that even prior to the submission of the final form by the police two of the co-accused persons were already chargesheeted and the court on perusal of the materials available on

Patna High Court Cr.Misc. No.53732 of 2015 (3) dt.09-12-2015 2/2 record took cognizance of the offence and issued summons against the petitioner along with others. On requisition of the investigating officer, the Court had already issued warrant of arrest against him. Since the petitioner was not co-operating with the investigation and avoiding arrest, a requisition was filed by the investigating officer to declare him an absconder pursuant to which he was declared absconder. Thereafter, attachment order was also issued against him. Even after submission of final form, the Magistrate has opined that there are sufficient materials on record to proceed against the petitioner.

Considering the gravity of the offence and the fact that the petitioner has been declared an absconder and in the light of the law laid down by the Hon'ble Supreme Court in matter of State of Madhya Pradesh vs. Pradeep Sharma, (2014)2 SCC 171, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the application for anticipatory bail is rejected. In case the petitioner surrenders and seeks bail, the same shall be considered and disposed of on its own merits without being prejudiced in any manner by this order. (Ashwani Kumar Singh, J) Md.S./- U T