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Patna High CourtCR. MISC./67318/2018dismissed

Rajendra Kewat v. The State Of Bihar

2019-03-05Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67318 of 2018 Arising Out of PS. Case No.-113 Year-2017 Thana- Sarmera District- Nalanda ====================================================== Rajendra Kewat, Son of Late Charitar Kewat, Resident of VillageMahaddipur, Police Station- Sarmera, District- Nalanda. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Tej Narayan Singh, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 05-03-2019 Heard Sri Tej Narayan Singh, learned counsel for the petitioner and Sri Sanjay Kumar Singh, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Sarmera P.S. Case No. 113 of 2017 registered for the offence under Sections 302/201/34 of the Indian Penal Code, has prayed for grant of bail, in the event of his arrest or surrender. It was submitted by learned counsel for the petitioner that though, the case was instituted under Section 302 of the Indian Penal Code, during investigation, accusation was found under Section 306 of the Indian Penal Code and, as such, he requests for extending the privilege of anticipatory bail. In this case, earlier case diary was called for, which has been received. The case diary shows that during

Patna High Court CR. MISC. No.67318 of 2018(4) dt.05-03-2019 2/2 investigation, accusation against accused persons under Section 306 of the Indian Penal Code was found true and against accused persons, who were in custody, chargesheet has already been submitted. Meaning thereby that prima facie, during investigation, case was found true and, as such, there is no reason to entertain the prayer for anticipatory bail. The petition stands dismissed.

(Rakesh Kumar, J.) nawalkrs/- U T