The Patna High Court directed that an application for anticipatory bail be dismissed, requesting the petitioner to surrender and approach the lower court for regular bail.
Application for anticipatory bail dismissed with direction to petitioners to surrender and apply for regular bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71422 of 2019
Arising Out of PS. Case No.-7 Year-2019 Thana- DUMARIYA District- Gaya
======================================================
ASHOK SINGH BHOKTA Son of Chhatan Singh Resident of Village - Kokna, P.S.- Chakar Banda, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Praveen Kumar For the Opposite Party/s : Mr.Mohammad Sufyan ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 08-11-2019 Heard learned counsel for the parties.
The petitioner is apprehending his arrest in connection with Dumariya P.Scase No.07/19 registered for offences punishable under Sections 147, 148, 149, 341,323, 504, 452, 436 of the Indian Penal Code and Section ¾ of the D.P.Act.
As per FIR, extremists have demolished the house of one Tuntun Singh Bhokta. Petitioner is not named in the FIR and later on his name transpired on the confession of the co-accused.
Submission of the learned counsel for the petitioner is that except the confessional statement there is nothing against the petitioner.
On the other hand the learned APP and the learned counsel for the informant has opposed the prayer for bail on the ground that the petitioner is alleged to be member of the MCC
Patna High Court CR. MISC. No.71422 of 2019(2) dt.08-11-2019 2/2
and the investigation is going on.
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 if the petitioner surrenders before the learned court below and make prayer for regular bail, which will be considered by the learned court below on the basis of the materials available in the case diary at that time..
With the aforesaid direction, this application is dismissed.
(Vinod Kumar Sinha, J)
chn/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in connection with offence under Section 148 IPC and Sections 3/4 of D.P. Act.
Whether the petition should be allowed to remain pending for regular bail consideration if the petitioner surrenders.
Ashok Singh Bhokta
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
