Nand Jee Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41443 of 2014 Arising Out of PS.Case No. -390 Year- 2014 Thana -ARA NAWADA District- BHOJPUR ====================================================== Nand Jee Rai Son of Rajmun Rai, Resident of Village - Banauli, Police Station - Narayanpuri, District - Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Pandey For the Opposite Party/s : Mr. Raj Ballabh Singh, APP For the Informant : Mr. Madanjeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 20-03-2015 Heard.

The petitioner apprehends his arrest in a criminal prosecution registered under Sections 307/34 and 447 of the Indian Penal Code as also under section 27 of the Arms Act. Taking into consideration the fact that the petitioner is named in the F.I.F. vide Annexure-1 as an accused and there is allegation of firing against him and further taking into consideration the fact that he is accused in a criminal case also as stated in paragraph 3 of this application, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail in connection with Ara Nawada P.S. Case No. 390 of 2014, pending in the court of learned Chief Judicial Magistrate, Bhojpur at Ara. Accordingly, his prayer for anticipatory bail is rejected.

However, if the petitioner surrenders in the court below within a period of four weeks from today and, if so advised, applies for regular bail, then the same shall be considered on its own merit without being prejudiced/ influenced by the rejection of the present application.

(Birendra Prasad Verma, J) BTiwary/- U T