Santosh Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11122 of 2018 Arising Out of PS.Case No. -440 Year- 2017 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Santosh Kumar Mishra, S/o- Kanhaiya Mishra, resident of Hardiya, Ward No. 21, Narkatiaganj, P.S.- Shikarpur, District- West Champaran. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Abhinay Raj For the Opposite Party/s : Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-04-2018 Heard learned counsel for the petitioner.

Petitioner apprehends his arrest in connection with Shikarpur P.S.Case No. 440 of 2017 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

At the very outset, learned counsel for the informant has raised objection regarding maintainability of the anticipatory bail application as process under Section 82 Cr.P.C. has been issued against the petitioner.

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

Submission of learned counsel for the petitioner is that he has filed this application for grant of anticipatory bail prior to

Patna High Court Cr.Misc. No.11122 of 2018 (3) dt.24-04-2018 2/2 issuance of process under Section 82 Cr.P.C. and further submission is that except confessional statement there is nothing against him.

Heard learned APP and learned counsel for the informant. They have opposed the prayer for anticipatory bail stating that confessional statement has been made before the police by co-accused stating that he has killed the deceased at the instance of the petitioner.

Having heard both sides and in the facts and circumstances, this is not a fit case for grant of privilege of anticipatory bail, rather petitioner to 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