Rishi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71830 of 2019 Arising Out of PS. Case No.-270 Year-2018 Thana- CHANDAUTI District- Gaya ====================================================== Rishi Kumar, Son of Awadhesh Prasad, Resident of Mohalla- Delha Kalyanpur, Police Station- Delha, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Chandauti P.S. Case No. 270 of 2018 registered for the offences punishable under Sections 395, 397 of the Indian Penal Code. No doubt petitioner is not present in the first information report and the name of the petitioner has come in confessional statement of co-accused and one co-accused has already been extended the privilege of anticipatory bail by a coordinate Bench of this Court, but I am not inclined to extend the privilege of anticipatory bail to petitioner because if petitioner is granted the privilege of anticipatory bail, the prosecution shall be debarred from putting the petitioner on test identification parade and therefore, in the aforesaid circumstances, the prayer for anticipatory bail of the petitioner stands rejected.

However, petitioner is directed to surrender before the

Patna High Court CR. MISC. No.71830 of 2019(2) dt.18-12-2019 2/2 court below within six weeks from today and if he does so and makes prayer for regular bail, the concerned court shall consider the regular bail application of the petitioner on its own merit without being prejudiced by this rejection order. (Hemant Kumar Srivastava, J) khushbu/- U T