Chandan Kumar @ Chandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25838 of 2016 Arising Out of PS.Case No. -142 Year- 2005 Thana -ARA NAWADA District- BHOJPUR ====================================================== Chandan Kumar @ Chandan Singh S/o Lalan Singh r/o village- Basantpur, P.S.- Ara Mufassil, District- Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Harsh Singh, Adv. For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-08-2016 Heard both sides.

The petitioner apprehends his arrest in Ara Nawada P.S. Case No. 142/2005, registered for the offences punishable under Section 364(A) of the Indian Penal Code.

Mr. Harsh Singh learned counsel for the petitioner submits that petitioner is not named in the F.I.R. The name of the petitioner figured in the case, as during the course of investigation some of the accused, named the petitioner in their confessional statement. The wife of the victim also filed complaint case no. 1040C/2007, but she did not name the petitioner. It appears that the petitioner filed this anticipatory bail petition after eleven years of the occurrence and on this ground; I am not persuaded to grant anticipatory bail to the petitioner above-

Patna High Court Cr.Misc. No.25838 of 2016 (2) dt.24-08-2016 2/2 named. Accordingly, the same is rejected.

If the petitioner surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, learned court below shall consider his prayer for regular bail on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J.) Vinita/- U T