Patna High CourtCR. MISC./18028/2017disposed

Gauri Shanker Ram v. The State Of Bihar

2017-05-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18028 of 2017 Arising Out of PS.Case No. -16 Year- 2004 Thana -PIPRAHI District- SHEOHAR ======================================================

1. Gauri Shanker Ram, son of Lae Chalitar Ram, resident of VillageKuarma, P.S.- Piprahi, District- Sheohar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Alok : Mr. Hans Lal Kumar For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-05-2017 The petitioner is apprehending his arrest in connection with Piprahi P.S. Case No. 16 of 2004, registered for offences punishable under Sections 147, 148, 149, 323, , 324, 307, 153, 295, 295(A), 380, 435 and 436 Indian Penal Code. It has been submitted on behalf of the petitioner that petitioner has not been named in the F.I.R., later on his name transpired in this case during the course of investigation. No specific allegation of overt act has been attributed to the petitioner and other co-accused persons having similar allegations have already been granted the privilege of anticipatory bail by the coordinate Benches of this Court vide orders dated 16.04.2015 and 17.03.2016, passed in Criminal Miscellaneous Nos. 41820 of 2014 and 54601 of 2015, respectively.

Patna High Court Cr.Misc. No.18028 of 2017 (2) dt.03-05-2017 2/2 Learned counsel for the State opposed the prayer for bail. Having heard both sides, in view of the fact that the case is of the year 2004 and the petitioner has now come for grant of anticipatory bail after lapse of more than 12 years, as such, considering the conduct of the petitioner, I am not inclined to grant him the privilege of anticipatory bail rather petitioner should surrender before the court below and make prayer for regular bail, and if any such application is filed, the court below after considering the submission of learned counsel for the petitioner and also after considering the fact that other co-accused has already been granted the privilege of anticipatory bail, shall pass an appropriate order, if possible on same day, without being prejudiced by the order of this Court.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) sunil/- U T