Ravi Shankar Kumar @ Ravi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4871 of 2017 Arising Out of PS.Case No. -35 Year- 2012 Thana -PARWALPUR District- NALANDA (BIHARSHARIFF) ====================================================== Ravi Shankar Kumar @ Ravi Kumar son of Arvind Singh, Resident of Village- Bihta, Police Station- Hulasganj, District- Jehanabad. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s : Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-02-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 302 and 201/34 of the Indian Penal Code.
Heard learned counsel for the petitioner.
It has been submitted on behalf of the petitioner that other co-accused persons having similar allegation have already been granted anticipatory bail. Petitioner was living outside, as such, he could not file application for anticipatory bail earlier and there is delay in filing the same. Petitioner is ready to abide by any condition imposed upon him.
Heard learned A.P.P. also. He has opposed the prayer for anticipatory bail stating that this case is of the year 2012 and other co-accused persons were granted anticipatory bail in the
Patna High Court Cr.Misc. No.4871 of 2017 (2) dt.15-02-2017 2/2 year 2014 and present petitioner has moved before this Court four years after the occurrence causing two years delay in trial of the case.
Considering the fact that petitioner has come before this Court after four years of the occurrence, I am not inclined to grant anticipatory bail to the petitioner, the same is rejected. However, petitioner is directed to surrender in the court below, i.e., learned A.C.J.M., Hilsa, Nalanda in connection with Parwalpur P. S. Case no. 35 of 2012 and make prayer for regular bail which will be considered by the court below taking into account the fact that other co-accused persons have been granted anticipatory bail and also on the basis of the materials available on record and pass an order preferably on the same day without being prejudiced by the order of this Court. With this observation the present application stands disposed of.
(Vinod Kumar Sinha, J) sudip/- U T