Nagendra Das @ Nagendra Chaupal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18739 of 2017 Arising Out of PS.Case No. -8 Year- 2013 Thana -BAHERI District- DARBHANGA ====================================================== Nagendra Das @ Nagendra Chaupal Son of Late Jagdish Das, Resident of Village-Rajghat, Police Station Katra, District Muzaffarpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prafull Chandra Jha, Advocate For the Opposite Party/s : Mr. Sri Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-05-2017 The petitioner is apprehending his arrest in connection with Baheri P.S. Case No. 08 of 2013, registered for offences punishable under Section 395 of the Indian Penal Code. The petitioner is not named in the FIR. His name transpired during the course of investigation. It has been submitted on behalf of the petitioner that except confessional statement, there is nothing against the petitioner. He is a labourer and as such he could not file bail petition before this Court earlier.
Heard learned A.P.P., who opposes the prayer for bail stating that there is confessional statement of the petitioner. It appears that the case is of the year 2013 and earlier also the petitioner had moved for anticipatory bail which was rejected by the court below but in spite of that he has not surrendered and after three years, again he moved for anticipatory bail.
Having heard both sides and considering the conduct of the petitioner, I am not inclined to grant anticipatory bail to the
Patna High Court Cr.Misc. No.18739 of 2017 (2) dt.04-05-2017 2/2 petitioner. However, the petitioner may surrender and make prayer for regular bail in the court below which will be considered on its own merit and also considering that except confessional statement there is nothing against the petitioner.
With this observation, the application is, dismissed. (Vinod Kumar Sinha, J) S.Pandey/- U T