Manish Kumar Barnwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9949 of 2017 Arising Out of PS.Case No. -189 Year- 2015 Thana -SIKANDARA District- JAMUI ====================================================== Manish Kumar Barnwal, son of Sri Gopal Prasad Barnwal, resident of Village- Batiya, P.S.- Sono, District- Jamui. .... .... Petitioner/s

Versus

. The State of Bihar.

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

For the Petitioner/s : Mr. Prakash Mahto For the Opposite Party/s : Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-03-2017 The application is for grant of anticipatory bail in connection with Sikandra P.S. Case No. 189 of 2015 registered for offence under section 394 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the petitioner has falsely been made accused in this case, as a matter of fact, the I.O. with an intention to save the actual culprit, has got statement recorded by the co-accused, Chunchun Yadav under section 164 Cr. P.C., has named the petitioner. Nothing has been recovered.

Heard learned A.P.P. also.

Having heard both sides and in view of the fact that during investigation, the name of the petitioner has come on the basis of statement of co-accused recorded under section 164

Patna High Court Cr.Misc. No.9949 of 2017 (2) dt.06-03-2017 2/2 Cr.P.C., the case is made out under section 394 of the Indian Penal Code, as such, this Court is not inclined to grant anticipatory bail to the petitioner, rather he may surrender before the court below and make prayer for regular bail, which will be considered by the court below on its own merit, without being prejudiced by this order.

Accordingly, this petition is disposed of.

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