Anant Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6199 of 2015 Arising Out of Sour Bazar PS.Case No. -309 of 2014 Thana -SAUR BAZAR District- SAHARSA ======================================================
1. Anant Sharma son of Wakil Sharma resident of village- Baijnathpur, P.s.- Sour Bazar, District - Saharsa.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Kr.Ranjit Ranjan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 10-07-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Anant Sharma, in connection with Sour Bazar P.S.Case No. 309 of 2014 under Sections 341/324/307/302/34 of the Indian Penal Code.
Perused the above application, materials available in the case-diary and materials on record including a copy of the order, dated 21.01.2015, passed, in A.B.P. No. 6659 of 2014, by the learned Sessions Judge, Saharsa, rejecting the said application for pre-arrest bail.
Heard Mr. Pramod Mishra, learned counsel for the petitioner, and Mr. Kr. Ranjit Ranjan, learned APP, appearing for the State.
Patna High Court Cr.Misc. No.6199 of 2015 (4) dt.10-07-2015 The High Court, while exercising its powers under Section 438 Cr.P.C., stands on the same footing as does a Sessions Judge inasmuch as a High Court and Sessions Judge have coordinate jurisdiction, while exercising power under Section 438 Cr.P.C.
Because of the nature of incriminating materials available against the petitioner, this Court is of the view that in the facts and attending circumstances of the present case, the petitioner has not been able to make out any case calling for giving him benefit of pre-arrest bail.
In view of the above and in the interest of justice, the prayer for pre-arrest bail is hereby rejected. (I. A. Ansari, J) A.I./- U