Baban Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65205 of 2019 Arising Out of PS. Case No.-91 Year-2019 Thana- HASPURA District- Aurangabad ====================================================== 1.

BABAN KUMAR Son of Rahesh Mahto @ Haresh Mahto @ Rahesh Resident of Village - Sitaldhari Chak, P.S.- Deokund, District- Aurangabad 2.

Rahesh @ Haresh Mahto @ Rahesh Mahto Son of Late Sheo Narayan Mahto Resident of Village - Sitaldhari Chak, P.S.- Deokund, DistrictAurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Adv.

For the Opposite Party/s :

Mr Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-01-2020 This application, for grant of anticipatory bail, arises out of Haspura P.S. Case No. 91 of 2019, disclosing offences under Sections 395 and 397 of the Indian Penal Code. Allegation against the petitioners is of committing dacoity in the house of the informant and causing injury to one of the inmates.

Submission of learned counsel for the petitioners is that they are known to the informant from before and have falsely been made accused in this case.

Learned counsel for the State opposed the prayer for anticipatory bail of the petitioner .

Having heard both sides, considering the facts and

Patna High Court CR. MISC. No.65205 of 2019(3) dt.09-01-2020 2/2 circumstances of the case and the nature of accusation, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner has to surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, without being prejudiced by this order. This application is, accordingly, dismissed.

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