Kara Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44133 of 2016 Arising Out of PS.Case No. -32 Year- 2015 Thana -KAUAKOL District- NAWADA ======================================================

1. Kara Yadav Son of Sahdeo Yadav resident of Village- Itabandh, P.S.- Chandrapur, Dist- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shakti Suman Kumar For the Opposite Party/s : Mr. Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-01-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Kawakol Police Station Case No. 32 of 2015 registered for the offences punishable under Sections 364, 120B/34 of the Indian Penal Code.

No doubt, petitioner is neither named in the first information report nor in the statement of victim and the name of petitioner surfaced in course of investigation in the confessional statement of co-accused Gorelal Yadav, who has already been granted privilege of bail by a co-ordinate Bench of this Court, but it is a serious case of Section 364, 120B/34 of the Indian Penal Code and, admittedly, the name of petitioner surfaced in course of

Patna High Court Cr.Misc. No.44133 of 2016 (04) dt.16-01-2017 2/2 investigation in the confessional statement of the co-accused Gorelal Yadav, therefore, in my view, it is not a fit case for grant of anticipatory bail to the petitioner because if the petitioner is granted privilege of anticipatory bail, the investigating officer shall be deprived of making custodial interrogation of the petitioner.

Accordingly, the prayer of the petitioner for grant of anticipatory bail in connection with Kawakol P.S.Case No. 32 of 2015, pending in the court of Additional Chief Judicial Magistrate, Nawada stands rejected.

However, this order shall not cause any prejudice to the concerned court at the time of consideration of regular bail application of the petitioner.

(Hemant Kumar Srivastava, J) N.K/- U T