Patna High CourtCR. MISC./988/2016dismissed

Bimal Rai v. The State Of Bihar

2016-02-15Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.988 of 2016 Arising Out of PS.Case No. -86 Year- 2015 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Bimal Rai, son of Late Ramdeo Rai, resident of village Bihjadi P.S. Desari (Sahdai Buzurg O.P) District Vaishali (Hajipur). .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Lovekush Kumar, Adv. For the Opposite Party/s : Mr. Amit Kr. Rakesh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 15-02-2016 Heard Sri Sachidanand Chaudhary, learned counsel for the petitioner and Sri Amit Kumar Rakesh, learned Addl. Public Prosecutor.

The petitioner, apprehending his arrest in connection with Hajipur Sadar P.S. Case no.86/2015 registered for the offence under Sections 392 of the Indian Penal Code, has prayed for grant of anticipatory bail.

Learned counsel for the petitioner submits that neither the petitioner is named accused in the F.I.R nor during investigation, any cogent material has been shown to implicate the petitioner, but only with a view to implicate the petitioner, certain words have been put into mouth of one of the sons of the petitioner, who is also accused . He submits that son of the

Patna High Court Cr.Misc. No.988 of 2016 (3) dt.15-02-2016 2/2 petitioner, namely, Arjun Kumar, who has disclosed the name of the petitioner, has already been granted regular bail. Keeping in view of nature of accusation, the Court is not inclined to grant anticipatory bail. The petition stands dismissed.

It goes without saying that if the petitioner surrenders before the Court below within six weeks from today and makes a prayer for grant of regular bail, the learned court below without being prejudiced with this order may examine the same and pass appropriate order in accordance with law.

(Rakesh Kumar, J) NKS/- U