Manoj Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64800 of 2018 Arising Out of PS. Case No.-217 Year-2015 Thana- RAJPUR District- Buxar * ====================================================== Manoj Ram, S/o Radheyshyam Ram, Resident of Village- Nagpur, P.S.- Rajpur, District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Ashwini Kumar Rai, Advocate For the Opposite Party/s :

Sri Damodar Prasad Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 05-03-2019 Heard Sri Ashwini Kumar Rai, learned counsel for the petitioner and Sri Damodar Prasad Tiwary, learned Additional Public Prosecutor.

The sole petitioner, apprehending his arrest in a case which was lodged long back in the year 2015 vide Rajpur P.S. Case No. 217 of 2015, registered for the offence under Section 302/34 of the Indian Penal Code, 1860 has prayed for grant of bail in the event of his arrest or surrender. Learned counsel for the petitioner submits that petitioner's name in the case has come only on the basis of confessional statement of the co-accused. He further submits that one another accused whose name had also come in confession was put on trial and he has been acquitted. On the contrary, learned A.P.P. submits that as per case diary it appears

Patna High Court CR. MISC. No.64800 of 2018(3) dt.05-03-2019 2/2 that processes under Section 82, 83 of the Code Of Criminal Procedure, 1973 has already been issued against the petitioner. He submits that petitioner is absconding since long. Considering the facts and circumstances, particularly submission made by learned Additional Public Prosecutor there is no reason to entertain the anticipatory bail petition. The petition stands dismissed.

(Rakesh Kumar, J) praful/- U T