Patna High CourtCR. MISC./51065/2014rejected

Subodh Singh v. The State Of Bihar

2015-04-30The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51065 of 2014 Arising Out of Pipra PS.Case No. -202 of 2014 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Subodh Singh Son of Rambhu Singh Resident of Village - Madhudih, P.S- Pipra District -East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Bharat Lal (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 30-04-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Subodh Singh, in connection with Pipra P.S.Case No. 202 of 2014 under Sections 341/323/504/506 of the Indian Penal Code.

Perused the above application and materials available on record including a copy of the order, dated 05.11.2014, passed, in A.B.P. No. 1320/2135 of 2014, by the learned Sessions Judge, East Champaran, Motihari, rejecting the said application for prearrest bail. Heard Mr. Umesh Chandra Verma, learned counsel for the petitioner, and Mr. Bhagat Lal, learned APP, appearing for the State.

Patna High Court Cr.Misc. No.51065 of 2014 (2) dt.30-04-2015 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