Patna High CourtCR. MISC./48708/2016rejected

Rahul Kumar v. The State Of Bihar

2016-12-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48708 of 2016 Arising Out of PS.Case No. -87 Year- 2015 Thana -KHAJEKALA District- PATNA ======================================================

1. Rahul Kumar son of Vijay Singh resident of Village- Ranipur Chakiya, P.S.- By-pass, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-12-2016 Heard both sides.

The petitioner apprehends his arrest in Khajekala P.S. case No. 87 of 2015 under Section 307, 326, 386 and other Sections of the Indian Penal Code.

The informant named the petitioner along with other accused persons and alleged that Chandan Singh and Kundan Singh pointed pistol at him. On the order of Santosh Singh, Kundan Singh fired at the informant but the shot did not hit him. Chandan Singh fired which hit on the chest of the informant. Sri Ram Sumiran Rai, the learned counsel for the petitioner, submits that although petitioner is named in the FIR but his parentage has not been given. Even address of the petitioner has not been disclosed in the FIR. There is no specific allegation

Patna High Court Cr.Misc. No.48708 of 2016 (2) dt.16-12-2016 2/2 against the petitioner but it appears that petitioner has got criminal antecedent and he is accused in as many as three criminal cases. Considering the fact that the petitioner has got criminal antecedent, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. If the petitioner surrenders in the court below, i.e., the learned S.D.J.M., Patna City in Khajekala P.S. case No. 87 of 2015, the learned court below shall consider the prayer for regular bail of the petitioner on its own merit without being prejudiced from the order of this court.

(Prabhat Kumar Jha, J) BKS/- U T