Kishun Sao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67129 of 2019 Arising Out of PS. Case No.-133 Year-2013 Thana- KAUWAKOL District- Nawada ====================================================== KISHUN SAO Son of Late Dinanath Sao Resident of Village- Rupabel, P.S.- Khaira, District- Jamui.
... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tej Narayan Singh For the Opposite Party/s :
Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-10-2019 Heard learned counsel for the parties.
The petitioner is apprehending his arrest in connection with Kawakole P.S.Case No.133 of 2013 registered for offences punishable under Sections 363,365, 364/34 of the Indian Penal Code.
There is a case of kidnapping and later on name of the petitioner appeared during the course of investigation in confessional statement. Case is of the year, 2013. It further appears from the impugned order that he had knowledge of the case as he had earlier moved before the court of the learned Sessions Judge for grant of anticipatory bail, which was dismissed but in spite of the fact, he has not appeared. Submission of the learned counsel for the petitioner is that as a matter of fact nothing has come against the petitioner
Patna High Court CR. MISC. No.67129 of 2019(2) dt.24-10-2019 2/2 and the other co-accused persons have been acquitted after a full trial and one co-accused has been granted privilege of anticipatory bail Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, the learned court below shall consider the above submission and considering the other materials shall dispose of the prayer for bail of the petitioner, if possible on the same day.
With the aforesaid direction, this application is dismissed.
(Vinod Kumar Sinha, J) chn/- U T