Patna High CourtCR. MISC./7767/2016rejected

Sonu Rai v. The State Of Bihar

2016-03-31Mr. Justice Chakradhari Sharan Singh2 pages

Patna High Court Cr.Misc. No.7767 of 2016 (2) dt.31-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7767 of 2016 Arising Out of PS.Case No. -233 Year- 2015 Thana -LALGANJ District- VAISHALI (HAJIPUR) =====================================

1. Sonu Rai, Son of Laloo Rai Resident of village - Kharaulia, P.S.-Vaishali, District-Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s :Mr. Mukesh Kumar, Adv. For the Opposite Party/s:Mr. Subhash Chandra Mishra (App) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 31-03-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Lalganj P.S. Case No.233 of 2015, disclosing offences under Sections 414/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that co-accused, namely, Munna Kumar, has been granted regular bail by this Court vide order, dated, 05.10.2015, passed in Cr. Misc. No.46706 of 2015. From the First Information Report, it transpires that co-accused, namely, Raushan Kumar, has disclosed

Patna High Court Cr.Misc. No.7767 of 2016 (2) dt.31-03-2016 the name of the petitioner and others involved in lifting of the motorcycle.

Learned counsel for the petitioner has further submitted that there is no material against the petitioner to the effect that he was a member of the said gang. Considering the nature of accusation, I am not inclined to grant the petitioner the privilege of anticipatory bail.

This application for grant anticipatory bail is, accordingly, rejected.

The petitioner, abovenamed, is directed to surrender before the court below within a period of 4 weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered by the learned court below on its own merit, without being prejudiced by rejection of present application for grant of anticipatory bail.

It is also indicated that learned court below shall consider the fact, while considering the application of the petitioner for regular bail, that one of the coaccused, namely, Munna Kumar, has been granted regular bail by this Court.

Praveen-II/- (Chakradhari Sharan Singh, J.) U T