Ramesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11582 of 2016 Arising Out of PS. Case No. -138 Year- 2012 Thana -BATHNAHA District- SITAMARHI ====================================================== Ramesh Das, S/o Late Palli Das, Resident of Village- Matiar Khurd, P.S. Sahiyara, District- Sitamarhi.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Virendra Kumar, Advocate For the Opposite Party/s : Mr. Reena Sinha (App) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 01-04-2016 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The informant alleged that 3-4 unknown miscreants came at the gate of her house and opened fire killing her husband. Learned counsel submits that he is not named in the F.I.R. Subsequently, he has been roped in the instant case by one Rakesh Das, on account of personal enmity. He submits that two of the accused persons, namely, Sanjit Sahni and Rakesh Das, have been granted regular bail by this Court vide order dated 10.11.2015 passed in Cr. Misc. No. 43590 of 2015 and order dated 11.02.2016 passed in Cr. Misc. No. 4638 of 2016. As the name of the petitioner has subsequently

Patna High Court Cr.Misc. No.11582 of 2016 (2) dt.01-04-2016 2 / 2 figured in course of investigation, I am not inclined to grant anticipatory bail to the petitioner. His prayer for grant of anticipatory bail is rejected. However, if the petitioner surrenders before the court below and prays for regular bail, the same would be disposed of preferably on the same day also taking into consideration that two accused persons have already been granted regular bail.

(Samarendra Pratap Singh, J.) Uday/- U T