Rambabu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13647 of 2018 Arising Out of PS.Case No. -92 Year- 2005 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rambabu Rai, Son of Late Raghuvir Rai, Resident of Village + P.O.- Madhopur Hazari, P.S.- Sahebganj, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Ranjan For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-04-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Kalyanpur P.S.Case nO.92 of 2005 registered for offences punishable under Sections 457 and 380 of the Indian Penal Code. Petitioner is not named in the FIR and later on his name transpired during the course of investigation of the case. Submission of the learned counsel for the petitioner is that there is no recovery from the possession of the petitioner and he has been named only on the basis of confidential informant received from the spy and another co-accused from whom there is recovery has already been granted privilege of anticipatory bail. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.13647 of 2018 (2) dt.10-04-2018 2/2 circumstances and from perusal of the record, it appears that the charge-sheet has already been submitted against the petitioner showing him absconder, in such view of the matter, let the petitioner surrender within a period of six weeks from the date of receipt of the order and pray for regular bail, which will be considered on the ground that the other accused from whom there is recovery has been granted bail by the learned court below. With the aforesaid observation, this application is disposed of.

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