Patna High CourtCR. MISC./455/2017dismissed

Suraj Kumar v. The State Of Bihar

2017-01-17Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.455 of 2017 (2) dt.17-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.455 of 2017 Arising Out of PS.Case No. -185 Year- 2016 Thana -CHANDAUTI District- GAYA ======================================================

1. Suraj Kumar Son of Sri Prem Ram R/o Mohallah- Chhotki Delha, Shiv Nagar Coloney, P.S.- Delha, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ashutosh Singh For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-01-2017 Heard the parties.

This application is for grant of anticipatory bail in connection with Chandauli P.S.Case No.185 of 2016 for the offence under Sections 302, 120B/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that except suspicion, there is nothing against the petitioner and whatever allegation is that allegation of taking money, which is against the brother of the petitioner and not on the side of the petitioner. Heard learned A.P.P. also, who opposes the prayer for anticipatory bail on the ground that the name of the petitioner also transpires in the F.I.R. and there is also allegation of dealing of money between the brother of the petitioner and the deceased, as such he is not entitled for grant of anticipatory bail.

Patna High Court Cr.Misc. No.455 of 2017 (2) dt.17-01-2017 Having heard both sides. In view of the facts as stated above that there is allegation against the petitioner, though on the basis of suspicion only and the investigation in this case is still going on, I am not inclined to grant anticipatory bail to the order, let the petitioner, above named, surrender before the court below and make prayer of regular bail, which will be considered by the court below on the basis of materials available on the record, without being prejudiced by the order of this court. Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U