Patna High CourtCR. MISC./10977/2016disposed

Md. Rizwan @ Raja v. The State Of Bihar

2016-07-13Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10977 of 2016 Arising Out of PS.Case No. -490 Year- 2012 Thana -LAHERIASARAI District- DARBHANGA ====================================================== Md. Rizwan @ Raja Son of Md. Reza R/o Mohalla - Madarpur Ekmi, P.S. Bahadurpur, District - Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satish Kumar Sinha, Advocate. For the Opposite Party/s : Mr. D.P. Tiwari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-07-2016 Heard both sides.

The petitioner apprehends his arrest in Laheriasarai P.S. Case No. 490/2012 registered under Sections 147, 365, 386 and 120B of the Indian Penal Code and Section 27 of the Arms Act.

The informant filed complaint, on the basis of which the present FIR was lodged, making allegation against the petitioner and other accused persons that they kidnapped the son of the informant. It is submitted that on same and similar allegation, Md. Shams Tabrez @ Md. Jugnu and Md. Naj Ahmad have already been granted anticipatory bail vide order passed in Cr. Misc. No. 20421/2015. The case of the petitioner stands on the same footing.

It appears that, of course, the case of the petitioner

Patna High Court Cr.Misc. No.10977 of 2016 (5) dt.13-07-2016 2/2 stands on same footing as that of Md. Shams Tabrez @ Md. Jugnu and Md. Naj Ahmad but the petitioner has got criminal antecedents.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Laheriasarai P.S. Case No. 490 of 2012. Accordingly, the same is rejected. If the petitioner surrenders in the court below, the court below shall consider the prayer for regular bail of the petitioner without being prejudiced from this order taking into consideration that similarly situated two accused persons have been enlarged on anticipatory bail and shall dispose of the bail petition preferably on the same day.

(Prabhat Kumar Jha, J) Dilip/- U T