Baban Rai And ANR v. The State Of Bihar

Patna High Court CR. APP (SJ) No.1136 of 2016 (4) dt.17-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1136 of 2016 Arising Out of PS.Case No. -70 Year- 2015 Thana -BANIAPUR District- SARAN ======================================================

1. Baban Rai, son of Sagar Rai,

2. Dinesh Rai, Son of Uma Shankar Rai, Both resident of Village- Majhauli, P.S.- Baniyapur, District- Saran ..... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Krishna Kant Singh, Advocate For the Respondent/s : Mr. Binay Krishna, Spl.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 17-03-2017 Heard learned counsel for the appellants as well as learned Special P.P.

The instant appeal is disposed of considering the observation having been made under para-28 in the case of Bisheshwar Mishra v. State of Bihar as reported in 2016(4) PLJR 1058, whereunder the roving enquiry is forbidden while ascertaining a prima facie case during course of consideration of prayer for anticipatory bail, save and except, having a glance over the written report/ Fardbeyan/Complaint petition. However, it is made clear that the instant order will not cause prejudice to the interest of the appellants during course of consideration of prayer for regular bail by the learned lower court who will also consider the liberty being enjoyed by the appellants in terms of Section 41A of the Cr.P.C. (Aditya Kumar Trivedi, J) perwez U T