Patna High CourtCR. MISC./14661/2018dismissed

Imran @ Md. Imran v. The State Of Bihar

2018-04-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14661 of 2018 Arising Out of PS.Case No. -225 Year- 2015 Thana -RAJNAGAR District- MADHUBANI ====================================================== Imran @ Md. Imran, Son of Md. Akhatar, Resident of village - Gaus Nagar, P.S. - Raj Nagar, District - Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-04-2018 The petitioner is apprehending his arrest in connection with Raj Nagar P.S. Case No. 225 of 2015, registered for offences punishable under Sections 341, 323, 307, 379, 427, 34 of the Indian Penal Code later on added under section 302 of the Indian Penal Code.

Allegation against the petitioner and others is of assault to the son of informant, who later on succumbed to his injuries. It has been submitted on behalf of the petitioner that no specific allegation has been attributed to the petitioner rather all the allegations are only general and omnibus in nature and one of the co-accused has already been granted the privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 01.05.2017 passed in Cr. Misc. No. 12777 of 2017. Learned counsel for the State opposed the prayer for bail

Patna High Court Cr.Misc. No.14661 of 2018 (4) dt.24-04-2018 2/2 and submitted that the process under Section 82 of Cr.P.C. has already been initiated against the petitioner and, therefore, this anticipatory bail application is not maintainable. Having heard both sides, considering the facts and circumstances of the case, I am not inclined to release the petitioner on bail, this application is accordingly dismissed. However, the petitioner is directed to surrender within a period of four weeks and pray for regular bail, which will be considered by the court below on the merit of the case, without being prejudiced by the order of this Court.

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