Lal Bihari Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36648 of 2017 Arising Out of PS.Case No. -113 Year- 2016 Thana -EKMA District- SARAN ====================================================== Lal Bihari Ray, son of Ramlakshan Prasad @ Ramlakshan Mahto, R/o Manjhauli, R/o Village- Majhauli, P.S.- Baniyapur, District- Saran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Harsh Singh, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-08-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Ekma P.S.Case No. 113 of 2016 registered for the offence under Section 395 of the Indian Penal Code.

Petitioner is not named in the FIR and his name transpires during course of investigation.

Submission of learned counsel for the petitioner is that except confession there is nothing against the petitioner, no recovery has been made and no Test Identification Parade has been held and the confession is of his nephew with whom he has enmity.

Heard learned APP also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.36648 of 2017 (2) dt.11-08-2017 2/2 circumstances and also criminal antecedents, I am not inclined to grant anticipatory bail to the petitioner. Let petitioner surrender and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order. With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U