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Patna High CourtCR. MISC./50487/2014rejected

Ravindra Singh v. The State Of Bihar

2015-07-16The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50487 of 2014 Arising Out of PS.Case No. -199 Year- 2014 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ====================================================== Ravindra Singh S/o Raj Kumar Singh, Resident of Village- Asoi Lacchi Ram, P.S.- Bhagwanpur, Dist- Vaishali .... .... Petitioner

Versus

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

For the Petitioner :

Mr. B. P. Pandey, Senior Advocate Mr. Shailendra Kumar Sinha, Advocate For the Opposite Party : Mr. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 16-07-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Ravindra Singh, in connection with Bhagwanpur Police Station Case No. 199 of 2014 under Sections 420/467/468/471/406/409 read with Section 34 of the Indian Penal Code.

Perused the above application and materials on record including a copy of the order, dated 24.11.2014, passed, in A.B.P. No. 2155 of 2014, by the learned Sessions Judge, Vaishali, at Hajipur, rejecting the said application for pre-arrest bail. Heard Mr. B. P. Pandey, learned Senior counsel for the petitioners, and Mr. Iftekhar Mahmood, learned Additional Public Prosecutor, appearing for the State.

Patna High Court Cr.Misc. No.50487 of 2014 (6) dt.16-07-2015 2/2 The High Court, while exercising its powers under Section 438 Code of Criminal Procedure, 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 Code of Criminal Procedure. Considering incriminating nature of materials 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) Pawan/- U T