Patna High CourtCR. MISC./4205/2015rejected

Mukesh Rai v. The State Of Bihar

2015-02-02Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.4205 of 2015 (2) dt.02-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4205 of 2015 Arising Out of PS.Case No. -28 Year- 2013 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Mukesh Rai Son of Hari Rai Resident of vill-Bimalpur,P.S-Mehsi,Distt.- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Kant Singh For the Opposite Party/s Mr. Bharat Bhushan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 02.02.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Mehsi P. S. case no. 28/2013 registered under section 302, 307 and other allied sections of the IPC.

Taking note of this fact that the petitioner is not named in the first information report and his name transpired in the statements of prosecution witnesses during the course of investigation, I do not feel it proper to release the petitioner on anticipatory bail. Accordingly, his prayer for anticipatory bail in connection with the above stated case stands rejected.

However, it is made clear that if the petitioner surrenders before the Chief Judicial Magistrate, East Champaran at Motihari within four weeks from today and seeks regular bail, the concerned court shall dispose of regular bail application of the petitioner on the

Patna High Court Cr.Misc. No.4205 of 2015 (2) dt.02-02-2015 same day and if any regular bail application is preferred before learned Sessions Judge, East Champaran, Motihari, the said regular bail application shall be decided on its own merit without being prejudiced by this rejection order, particularly, keeping in mind that some coaccused persons have already been granted privilege of regular bail. shahid (Hemant Kumar Srivastava,J) U T