Umashankar Rai @ Sipahi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40861 of 2018 Arising Out of PS.Case No. -89 Year- 2017 Thana -MANER District- PATNA ====================================================== Umashankar Rai @ Sipahi son of Late Jairam Rai @ Jiram Rai resident of Village - Suarmarwa PS. Maner, District - Patna. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Babita Kumari For the Opposite Party/s : Mr. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-07-2018 Heard learned counsel for the petitioner.

Petitioner apprehends his arrest in connection with Maner P.S.Case No. 89 of 2017 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioner is not named in the FIR and the case is under Section 302 IPC and later on his name transpires during investigation.

Submission of learned counsel for the petitioner is that petitioner is not named in the FIR and later on in the confessional statement of co-accused his name transpires.

Heard learned APP also, who has opposed the prayer for anticipatory bail on the ground that petitioner has criminal

Patna High Court Cr.Misc. No.40861 of 2018 (2) dt.13-07-2018 2/2 antecedents and he is accused in 12 other cases. Having heard both sides and in the facts and circumstances and also considering the fact that petitioner has criminal antecedents, I am not inclined to grant privilege of anticipatory bail to the petitioner.

However, petitioner may 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